Reflections on the Rule of Law after NFIB v. Sebelius
In The Affordable Care Act Decision: Philosophical and Legal Implications F. Allhoff & M. Hall eds. (Routledge, 2014)
18 Pages Posted: 21 May 2018
Date Written: April 13, 2014
This chapter argues that the U.S. Supreme Court's decision in NFIB v. Sebelius deviated from the rule of law both according to an understanding of the rule of law as the ideal of action guidance and what I label here 'will independence'. It then situates that decision within a broader pattern of rule of law departures so-understood, suggests a few hypotheses that might explain this pattern, and concludes by calling for increased comparative empirical research on rule of law conformity across supreme and constitutional courts.
Keywords: Rule of law, NFIB v. Sebelius, comparative constitutional law, judicial review
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