Federalism, Liberty, and Risk in NFIB v. Sebelius

Forthcoming in "The Future of Healthcare Reform in the U. S.," A. Malani and M. Schill, eds. University of Chicago Press, 2014

U of Chicago, Public Law Working Paper No. 425

21 Pages Posted: 23 Apr 2013

See all articles by Aziz Z. Huq

Aziz Z. Huq

University of Chicago - Law School

Date Written: April 22, 2013

Abstract

This book chapter analyzes the Supreme Court’s decision in National Federation of Independent Business (NFIB) v. Sebelius. Contra conventional wisdom, it argues that the pivotal opinion of Chief Justice Roberts is not well explained in federalism terms. Rather, the decision is best understood in light of entrenched historical understandings of the federal government’s appropriate role in managing diverse species of risk.

Suggested Citation

Huq, Aziz Z., Federalism, Liberty, and Risk in NFIB v. Sebelius (April 22, 2013). Forthcoming in "The Future of Healthcare Reform in the U. S.," A. Malani and M. Schill, eds. University of Chicago Press, 2014; U of Chicago, Public Law Working Paper No. 425. Available at SSRN: https://ssrn.com/abstract=2255192

Aziz Z. Huq (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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