Details

Autor(en) / Beteiligte

• Minow, Martha

Titel

AFFORDABLE CONVERGENCE: "REASONABLE INTERPRETATION" AND THE AFFORDABLE CARE ACT

Ist Teil von

• Harvard law review, 2012-11, Vol.126 (1), p.117-149

Ort / Verlag

United States: Harvard Law Review Association

Erscheinungsjahr

2012

Quelle

PAIS Index

Beschreibungen/Notizen

• That the Court was sharply divided was not a surprise. The contrasting briefs - including a record 136 from amici - laid out the dispute. Over the extraordinary six hours of oral argument, the Justices actively interrupted the advocates, with Justices Ginsburg, Breyer, Sotomayor, and Kagan directing considerably more words to the challengers, and Chief Justice Roberts and Justices Scalia, Kennedy, and Alito the mirror image, directing far more of their words to the government. So it was not a surprise to find that the Justices produced two starkly warring opinions. One would strike down as unconstitutional the entire Patient Protection and Affordable Care Act, and another would entirely uphold the same law; the two opinions embodied distinctive approaches to the issues at hand, to constitutional interpretation, and indeed, to how to view the world.