Chief Justice Roberts's Marbury Moment: The Affordable Care Act Case (NFIB v. Sebelius)

14 Pages Posted: 18 Feb 2015

Date Written: October 1, 2013

Abstract

This essay is derived from the Jerry W. Housel/Carl F. Arnold Lecture, delivered on November 3, 2012 at the University of Wyoming College of Law. The work discusses Chief Justice John Roberts's decision in the Affordable Care Act case in light of its political significance as compared to the Madison v. Marbury case. The essay briefly summarizes the ACA case and goes on to focus on Congress's commerce power. It examines the constitutional doctrine that preceded the case and then explores how Roberts changed the doctrine.

Keywords: Affordable Care Act case, Chief Justice Roberts, Marbury v. Madison, U.S. Supreme Court, constitutional interpretation

Suggested Citation

Feldman, Stephen Matthew, Chief Justice Roberts's Marbury Moment: The Affordable Care Act Case (NFIB v. Sebelius) (October 1, 2013). Wyoming Law Review, Vol. 13, No. 1, 2013, Available at SSRN: https://ssrn.com/abstract=2566225

Stephen Matthew Feldman (Contact Author)

University of Wyoming - College of Law ( email )

P.O. Box 3035
Laramie, WY 82071
United States

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
115
Abstract Views
592
rank
323,135
PlumX Metrics