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- Title
OBAMACARE AS A WINDOW ON JUDICIAL STRATEGY.
- Authors
JACOBI, TONJA
- Abstract
This Article provides an in-depth examination of the strategic judicial maneuvering witnessed in the Supreme Court's 2012 healthcare decision. Through that lens, it is possible to gain a detailed understanding of the doctrinal groundwork that Chief Justice Roberts was laying for future conservative revolutions in the Commerce Clause Power, the Necessary and Proper Clause, and the Taxing and Spending Power. Understanding Roberts's actions as sophisticated judicial strategy reveals much about where he plans to take the Court. Although Roberts was clearly pursuing legal policy goals, his willingness to uphold the individual mandate without a clear majority for his conservative jurisprudential innovations suggests that his dominant interest was not doctrinal, but rather institutional. Roberts's driving aims were to protect the institutional legitimacy of the Court from the appearance of partisan decision-making immediately before a presidential election, to guard his own personal reputation from charges of partisan manipulation, and to increase judicial power. Roberts's evident strategic action is an ideal vehicle for understanding this case, his federalist constitutional agenda, judicial strategy more generally, and its relation to doctrinal development.
- Subjects
UNITED States; PATIENT Protection &; Affordable Care Act; UNITED States. Supreme Court; MEDICAL care laws; ROBERTS, John G., 1955-; PRESIDENTIAL elections; SPENDING power (Constitutional law); TAXING power; INTERSTATE commerce clause
- Publication
Tennessee Law Review, 2013, Vol 80, Issue 4, p763
- ISSN
0040-3288
- Publication type
Article