Throughout all of the second half of the 20th century and into the 21st, right up until this moment, many have worked hard to institute some measure of affordable health care and health care reform in America. A country that, prior to the passage of the Affordable Care Act, was the only modern Western nation not to have done so. It's no wonder that the forces allied against were powerful, well financed and prepared to do anything and say anything. Those who would attack the law did so in the absence of political success. Instead, they would try and use the courts, the very courts that they always deride as activist. Except now they wanted to actively seek to overturn, by judicial fiat, that which they could not do through political means.
Law Professor Josh Blackman takes a broad look at the Constitutional and legal challenges to the Affordable Care Act and finds the case Unprecedented.
My conversation with Josh Blackman:
