Why Did Law Professors Misunderestimate the Lawsuits against PPACA?
David A. Hyman
July 23, 2014
2014 University of Illinois Law Review 805
Illinois Public Law Research Paper No. 13-40
Illinois Program in Law, Behavior and Social Science Paper No. LBSS13-19
Almost without exception, law professors dismissed the possibility that the Patient Protection and Affordable Act Act ("PPACA") might be unconstitutional -- but something went wrong on the way to the courthouse. What explains the epic failure of law professors to accurately predict how Article III judges would handle the case? After considering three possible defenses/justifications, this essay identifies five factors that help explain the erroneous predictions of our nation’s elite law professors, who were badly wrong, but never in doubt.
Number of Pages in PDF File: 34
Keywords: constitutional law, health reform, PPACA
JEL Classification: K19, K23
Date posted: April 16, 2013 ; Last revised: July 24, 2014