The Most Revealing Word in the United States Reports
The Green Bag, Forthcoming
7 Pages Posted: 5 Aug 2019
Date Written: July 31, 2019
If you read 567 U.S. 648 carefully, you will find a single word that suggests an important weakness in the idea that Commerce Clause doctrine, properly understood, recognized a distinction between action and inaction prior to NFIB v. Sebelius.
Keywords: constitutional law, constitutional interpretation, judicial review
Suggested Citation: Suggested Citation