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Obamacare on Trial [Kindle Edition]

Einer Elhauge
4.3 out of 5 stars  See all reviews (6 customer reviews)

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Book Description

This short book analyzes the Obamacare case -- focusing on many points the Supreme Court was never told about -- including the fact that the constitutional framers themselves had approved mandates to buy health insurance!

"Anyone who cares about the Supreme Court's approach to constitutional issues -- and especially about the claims of some Justices that they try to follow the Constitution's original meaning - must read Einer Elhauge's devastating analysis of what all nine Justices, and the hundreds of advocates whose briefs and arguments they studied, simply failed to take into account when the Supreme Court decided the Health Care Case of 2012. No history of that decision will be complete unless it includes this brilliant and eminently readable little book -- a book that deserves to become an instant classic." - Laurence H. Tribe, Harvard Law Professor, leading constitutional law scholar, acclaimed Supreme Court advocate, and author of many books, including the highly influential treatise, American Constitutional Law.


Editorial Reviews

Review

“Anyone who cares about the Supreme Court's approach to constitutional issues – and especially about the claims of some Justices that they try to follow the Constitution's original meaning – must read Einer Elhauge's devastating analysis of what all nine Justices, and the hundreds of advocates whose briefs and arguments they studied, simply failed to take into account when the Supreme Court decided the Health Care Case of 2012. No history of that decision will be complete unless it includes this brilliant and eminently readable little book – a book that deserves to become an instant classic.” – Laurence H. Tribe, Harvard Law Professor, leading constitutional law scholar, acclaimed Supreme Court advocate, and author of many books, including the highly influential treatise, American Constitutional Law.

“An illuminating analysis of the Supreme Court decision on Obamacare that offers rigor and insight, written by a brilliant legal mind.” – Amy Chua, Yale Law Professor and author of World on Fire, Days of Empire, and Battle Hymn of the Tiger Mother.

“Einer Elhauge is the single best and most incisive commentator on the constitutionality of the individual mandate and the Affordable Care Act more generally.   His gathering of precedent and penetrating analysis will convince you that much of the Court's arguments were mistaken.” – Ezekiel J. Emanuel, M.D., Ph.D., University of Pennsylvania Professor and Chair of the Department of Medical Ethics and Health Policy, former Special Advisor for Health Policy to the Obama White House OMB, New York Times columnist, and author of many books on health care.

“Elhauge asked a brilliant and devastatingly simple question of the Supreme Court's so-called ‘originalists.’ They simply ignored it. This beautiful book tells a story history won't forget.” – Lawrence Lessig, Harvard Law Professor, and leading scholar and author of many books on Constitutional Law and Internet Law.

“Einer Elhauge brings to the debate over the individual mandate an extraordinary combination of skills: he is deeply knowledgeable about health policy, and he is also a terrific lawyer. This book is the result of his exceptional insight, and it demonstrates why the attacks on the health care reform law were so utterly misguided. Anyone who wants to understand this chapter in our history should read this book.” – David Strauss, University of Chicago Law Professor, author of The Living Constitution, and leading constitutional law scholar who has argued 18 cases before the Supreme Court.

“Elhauge's lucid account of the battle over health care mandates seeks answers to important questions wherever they may lie, without letting policy preferences or political ideology drive outcomes.  That's a rare and refreshing approach.  He re-inspires confidence in the notion that the Constitution's principles can unite people with disparate views, rather than being bent by a bare majority to whatever preordained task is at hand.” – Jonathan Zittrain, Harvard Law Professor, co-director of the Berkman Center, and author of The Future of the Internet -- And How to Stop It.

From the Back Cover

"An illuminating analysis of the Supreme Court decision on Obamacare that offers rigor and insight, written by a brilliant legal mind." - Amy Chua, Yale Law Professor and author of World on Fire, Days of Empire, and Battle Hymn of the Tiger Mother.

"Einer Elhauge is the single best and most incisive commentator on the constitutionality of the individual mandate and the Affordable Care Act more generally. His gathering of precedent and penetrating analysis will convince you that much of the Court's arguments were mistaken." - Ezekiel J. Emanuel, M.D., Ph.D., University of Pennsylvania Professor and Chair of the Department of Medical Ethics and Health Policy, former Special Advisor for Health Policy to the Obama White House OMB, New York Times columnist, and author of many books on health care.

"Elhauge asked a brilliant and devastatingly simple question of the Supreme Court's so-called 'originalists.' They simply ignored it. This beautiful book tells a story history won't forget." - Lawrence Lessig, Harvard Law Professor, and leading scholar and author of many books on Constitutional Law and Internet Law.

"Einer Elhauge brings to the debate over the individual mandate an extraordinary combination of skills: he is deeply knowledgeable about health policy, and he is also a terrific lawyer. This book is the result of his exceptional insight, and it demonstrates why the attacks on the health care reform law were so utterly misguided. Anyone who wants to understand this chapter in our history should read this book." - David Strauss, University of Chicago Law Professor, author of The Living Constitution, and leading constitutional law scholar who has argued 18 cases before the Supreme Court.

"Elhauge's lucid account of the battle over health care mandates seeks answers to important questions wherever they may lie, without letting policy preferences or political ideology drive outcomes. That's a rare and refreshing approach. He re-inspires confidence in the notion that the Constitution's principles can unite people with disparate views, rather than being bent by a bare majority to whatever preordained task is at hand." Jonathan Zittrain, Harvard Law Professor, co-director of the Berkman Center, and author of The Future of the Internet -- And How to Stop It.

Product Details

  • File Size: 201 KB
  • Print Length: 133 pages
  • Page Numbers Source ISBN: 1479148628
  • Simultaneous Device Usage: Unlimited
  • Sold by: Amazon Digital Services, Inc.
  • Language: English
  • ASIN: B008SRA4LM
  • Text-to-Speech: Enabled
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  • Lending: Enabled
  • Amazon Best Sellers Rank: #798,264 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
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Customer Reviews

4.3 out of 5 stars
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4.3 out of 5 stars
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Most Helpful Customer Reviews
3 of 3 people found the following review helpful
5.0 out of 5 stars Excellent collection, Very Readable and Informative August 15, 2012
Format:Kindle Edition|Verified Purchase
I recently read Prof. Elhauge's collection of essays on PPACA and it really broadened my understanding of the issues. The discussion of PPACA's constitutionality is thoroughly explored, including historical precedents and relevant cases dating back to the first Congress.

What I appreciated most, however, is how simply, yet elegantly the book presents the real issue - the practical, material impact of these policies, and what they actually mean to people. It presents many logical arguments that were never used to support the constitutionality of the bill and shines a bright, logical light on many of the 'scare tactic' defenses that were employed by the bill's opposition in an attempt to defeat it.

What I appreciate most of all is that this book is NOT partisan propaganda in support of PPACA. Indeed, the authors own opinion is that he is not favor of this policy. These essays aim to vet whether or not PPACA is constitutional, what are the proper limiting principles of the judiciary, and what are the 'checks and balances' that are in place to prevent bad laws from passing.

I learned quite a lot and would highly recommend this to proponents and opponents of PPACA alike.
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2 of 2 people found the following review helpful
Format:Kindle Edition|Verified Purchase
Thought provoking and unbiased discourse on the constitutionality and feasibility of obamacare. From Coasian economics, to admiralty law in the 1700's, Einer Elhauge explains the precedents leading up Obamacare. I read this thinking that I had a very good grip on this subject, when in fact I did not. If this book were required reading for every person in this country, then we would have a much greater understanding than the rampant finger pointing and rhetoric of today's media.

No matter which side of the issue you are on, or think you are on, you should read this book.
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1 of 1 people found the following review helpful
5.0 out of 5 stars Peace of Mind November 5, 2012
Format:Paperback|Verified Purchase
Thank you, Einer, for writing this book, and for helping many of us ordinary citizens enjoy the peace of mind that comes from knowing whether this thing we call Obamacare is, first of all, constitutional. Now that you've eased our minds on that rather lofty question, and done so with care and impartiality, perhaps the rest of us can ponder whether we think it's right for us personally. Thanks for leveling the playing field!
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More About the Author

Einer Elhauge is the Petrie Professor of Law at Harvard Law School and founding director of the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics. He served as Chairman of the Antitrust Advisory Committee to the Obama Campaign. He teaches a gamut of courses ranging from Antitrust, Contracts, Corporations, Legislation, and Health Care Law. Before coming to Harvard, he was a Professor of Law at the University of California at Berkeley, and clerked for Judge Norris on the 9th Circuit and Justice Brennan on the Supreme Court. He received both his A.B. and his J.D. from Harvard, graduating first in his law school class.

He is an author of numerous pieces on range of topics even broader than he teaches, including antitrust (monopolization, predatory pricing, tying, bundled discounts, loyalty discounts, disgorgement, petitioning and state action immunity, the Google Books Settlement, and the Harvard v. Chicago schools of antitrust), public law (statutory interpretation, legislative term limits, the 2000 Presidential election, the ObamaCare mandate, and the implications of interest group theory for judicial review), corporate law (social responsibility and sale of control doctrine), patent law (patent holdup and royalty stacking), the legal profession (the value of litigation and counseling advice), and health law policy (healthcare fragmentation, medical technology assessment, how to make health law a coherent legal field, and how to devise a morally just and cost effective medical system). His most recent books include: "Research Handbook on the Economics of Antitrust Law (Edward Elgar Publishing Ltd. 2012)"; "The Fragmentation of U.S. Health Care: Causes and Solutions" (Oxford University Press 2010); "Statutory Default Rules" (Harvard University Press 2008); "U.S. Antitrust Law and Economics (Foundation Press 2011)"; and "Global Competition Law and Economics" (Hart Publishing 2011). Currently he is writing books about Contract Theory, Health Law Policy, and Re-engineering Human Biology, as well as working on articles on sundry other topics. For his website and publications, see http://www.law.harvard.edu/faculty/elhauge/ .


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