THE CONSTITUTIONAL QUESTION

While most legal analysts agree that overturning the Affordable Care Act in the Supreme Court will be difficult, the arguments for and against the law deserve more careful analysis than we can present here. Readers can listen to an interesting panel discussion on the topic, Health Care Reform: What it Means for the Market, the Constitution, and You, or, Making Real Health Reform Work.

Further, we have included in Scholar’s Corner a pertinent excerpt from Fred Schauer, the Law School’s David and Mary Harrison Distinguished Professor of Law and one of the panelists in that discussion. Schauer says the Supreme Court, on average, hears only about 70 appeals a year, and that the Affordable Care Act fits a case profile that the justices historically have chosen to avoid.