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Unprecedented: The Constitutional Challenge to Obamacare Hardcover – September 10, 2013
by
Josh Blackman
(Author),
Randy E. Barnett
(Foreword)
|
Josh Blackman
(Author)
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Print length352 pages
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LanguageEnglish
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PublisherPublicAffairs
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Publication dateSeptember 10, 2013
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Dimensions6.5 x 1.13 x 9.5 inches
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ISBN-101610393287
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ISBN-13978-1610393287
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Editorial Reviews
From Booklist
The pitched legal battle to end the national health-care program known as Obamacare ended in a surprising decision supported by U.S. Supreme Court Chief Justice Roberts, a decision that promises continued strife on the issue of health care as well as constitutional issues. Blackman, law professor, blogger, and representative of a coalition of independent business interests opposed to the program, spent more than two years following the legislative process that produced Obamacare and the legal challenges to the program. Blackman argues that the process was unprecedented in many ways, including the nature of the legislation to compel citizens to buy insurance, the legal arguments for and against, and the political pressure brought to bear on the Left and the Right. He details the political machinations behind the Supreme Court decision in favor of the health-care program, particularly pressure on Roberts. Blackman also explores the significance of the decision as a galvanizing issue for conservatives and future implications for challenges to government power. --Vanessa Bush
Review
"Excellent"
-The Wall Street Journal
"Unprecedented is the definitive account of the historic constitutional challenge to Obamacare." -RANDY BARNETT, Georgetown Law Center
"This is an absorbing tale of how a landmark Supreme Court opinion was born."
-JACK BALKIN, Yale Law School
"This will surely be recognized as the definitive account of the convoluted litigation leading up to the Supreme Court's historic ruling on the Affordable Care Act and of what that ruling might portend for the future."
-LAURENCE H. TRIBE, Harvard Law School
"Riveting"
-FRED BARNES, Weekly Standard
From the Back Cover
Praise for Unprecedented
"From being at the right place at the right time and by dint of prodigious effort, Josh Blackman got the inside scoop on the constitutional case of the century, which he now shares with all of us. Combining information gleaned from his extensive interviews with the principals with his constitutional expertise as a scholar, Blackman is able to describe the litigation strategies of the parties and explain the sometimes confusing constitutional doctrines raised by the case in language anyone can understand. Even those who were deeply involved in the litigation stand to learn from his evenhanded exposition. I know I have. Unprecedented is the definitive account of the historic constitutional challenge to Obamacare."
--RANDY E. BARNETT, Carmack Waterhouse Professor of Legal Theory, and director of the Georgetown Center for the Constitution, Georgetown University Law Center
"The story of the legal challenge to Obamacare is one of the most remarkable in the nation's history, and Josh Blackman's fascinating new book takes us through its many twists and turns with masterful aplomb. Blackman's narrative never flags as he guides us through the ins and outs of litigation strategy and constitutional argument. This is an absorbing tale of how a landmark Supreme Court opinion was born."
--JACK M. BALKIN, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
"This will surely be recognized as the definitive account of the convoluted litigation leading up to the Supreme Court's historic ruling on the Affordable Care Act and of what that ruling might portend for the future. It's a rare combination of a page-turner and a careful explanation of the legal arguments--all the more remarkable because it comes from someone who played a role in developing the challenge to the Act and thus is anything but a disinterested observer. This is as good an example as we are likely to see of a head-to-toe dissection of a still living legal specimen."
--LAURENCE H. TRIBE, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School
"Riveting"
--FRED BARNES, The Weekly Standard
"From being at the right place at the right time and by dint of prodigious effort, Josh Blackman got the inside scoop on the constitutional case of the century, which he now shares with all of us. Combining information gleaned from his extensive interviews with the principals with his constitutional expertise as a scholar, Blackman is able to describe the litigation strategies of the parties and explain the sometimes confusing constitutional doctrines raised by the case in language anyone can understand. Even those who were deeply involved in the litigation stand to learn from his evenhanded exposition. I know I have. Unprecedented is the definitive account of the historic constitutional challenge to Obamacare."
--RANDY E. BARNETT, Carmack Waterhouse Professor of Legal Theory, and director of the Georgetown Center for the Constitution, Georgetown University Law Center
"The story of the legal challenge to Obamacare is one of the most remarkable in the nation's history, and Josh Blackman's fascinating new book takes us through its many twists and turns with masterful aplomb. Blackman's narrative never flags as he guides us through the ins and outs of litigation strategy and constitutional argument. This is an absorbing tale of how a landmark Supreme Court opinion was born."
--JACK M. BALKIN, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
"This will surely be recognized as the definitive account of the convoluted litigation leading up to the Supreme Court's historic ruling on the Affordable Care Act and of what that ruling might portend for the future. It's a rare combination of a page-turner and a careful explanation of the legal arguments--all the more remarkable because it comes from someone who played a role in developing the challenge to the Act and thus is anything but a disinterested observer. This is as good an example as we are likely to see of a head-to-toe dissection of a still living legal specimen."
--LAURENCE H. TRIBE, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School
"Riveting"
--FRED BARNES, The Weekly Standard
About the Author
Josh Blackman is an assistant professor of law at the South Texas College of Law and president of the Harlan Institute, a nonprofit dedicated to raising awareness about the Supreme Court and the Constitution. He has published over a dozen law review articles about constitutional law, written numerous op-eds, and been interviewed about the Supreme Court by the New York Times, CNN, ABC News Radio, Reuters, the National Law Journal, the American Bar Association Journal, and Yahoo! News. The American Bar Association Journal selected his personal blog as one of its top 100 Legal Blogs. He also runs FantasySCOTUS.net.
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Product details
- Publisher : PublicAffairs; 1st edition (September 10, 2013)
- Language : English
- Hardcover : 352 pages
- ISBN-10 : 1610393287
- ISBN-13 : 978-1610393287
- Item Weight : 1.3 pounds
- Dimensions : 6.5 x 1.13 x 9.5 inches
-
Best Sellers Rank:
#374,769 in Books (See Top 100 in Books)
- #55 in Health Law (Books)
- #102 in Health Insurance (Books)
- #364 in Legal History (Books)
- Customer Reviews:
Customer reviews
4.7 out of 5 stars
4.7 out of 5
28 global ratings
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Top reviews
Top reviews from the United States
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Reviewed in the United States on July 23, 2020
Verified Purchase
Blackman's well researched book on the ACA cases reads like a novel, but is researched as you would expect from a leading constitutional law scholar. If you are twisted enough to be in to these topics, you will find this to be a fun and page turning read. I powered through the book in just a few days, and thought it was exceptionally well written - especially the legislative history and legal history leading up to the SCOTUS case. Fans of the law and politics will find this a readable, educational and interesting account of the ACA.
Reviewed in the United States on January 2, 2014
Verified Purchase
What a remarkable job Blackman did in relating what can only be described as a remarkable journey of health care in America. As impossible as it may seem that a non-ficitonal book, where the outcome is known, can be an exciting, almost suspenseful read, this one is. Having finished the book, I'm still in awe of what went I learned. I simply can not say enough good things about this book. I would strongly encourage anyone at all interested in Obamacare read this book. I feel confident in saying that as you learn the details, at times you will be shocked.
In short, one of the top 2 or 3 books I've ever read.
In short, one of the top 2 or 3 books I've ever read.
2 people found this helpful
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Reviewed in the United States on September 4, 2013
Verified Purchase
Unprecedented is a genre-bending legal-political thriller. At times the book is detailed, nuanced, and deep; at others, it is breathtakingly fast-paced and dramatic. From Justice Kagan's mysterious decision to wall herself off from the case, to a look behind the scenes of the secret deliberations of the highest court in the land, Unprecedented gives a month-by-month, sometimes minute-by-minute (and even second-by-second!) account of the case of the millennium. Professor Blackman's highly readable style, excitement about the case, and affection for the actors involved blend to create an auspicious early masterwork from a highly promising young legal talent.
Unprecedented is unprecedented. Unlike so many legal dramas that can feel dry and abstract, Unprecedent makes it feel like you're there for some of the most important and critical decisions leading up to one of the most important moments in the history of the United States -- the moment the Chief Justice of the United States affirmed the constitutionality of "the last piece of our basic social compact."
I actually choked up as the book described those tense uncertain moments when the President and the Nation thought Obamacare had fallen, and the crowd outside began cheering for the Constitution. Now how many law books can you say made you feel something like that?
Unprecedented is unprecedented. Unlike so many legal dramas that can feel dry and abstract, Unprecedent makes it feel like you're there for some of the most important and critical decisions leading up to one of the most important moments in the history of the United States -- the moment the Chief Justice of the United States affirmed the constitutionality of "the last piece of our basic social compact."
I actually choked up as the book described those tense uncertain moments when the President and the Nation thought Obamacare had fallen, and the crowd outside began cheering for the Constitution. Now how many law books can you say made you feel something like that?
17 people found this helpful
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Reviewed in the United States on January 29, 2020
Verified Purchase
A perfectly timed and expertly authored account of the events and aftermath of NFIB v. Sebelius! Another solidly constitutional contribution by Josh Blackmun!
One person found this helpful
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Reviewed in the United States on September 9, 2013
Verified Purchase
Though I consider myself a well-informed student of politics, this book taught me a great deal about the history of this controversial new law -- who had proposed it in the past, who had opposed it, and who had favored it. I was stunned to find that both parties had taken both sides on the individual mandate in the last twenty years. Prof. Blackman explains the legal issues surrounding the case with just enough history in a way that a layman can easily understand and a lawyer, such as myself, can easily learn from. I already have people who want to borrow the book from me!
4 people found this helpful
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Reviewed in the United States on September 23, 2013
Verified Purchase
If you want to learn everything about how Obamacare was passed, how the Supreme Court saved it, and what this means for the future of the Constitution, you should read this amazing new book. Unlike far too many books about constitutional law, Unprecedented is written in an engaging, gripping style. Blackman actually tells the story in the form of a riveting legal thriller. You'd think it's a John Grisham novel, but it's real! Read this book. You will enjoy it.
5 people found this helpful
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Reviewed in the United States on November 17, 2013
Verified Purchase
Well written account of how the the legal strategies behind the Affordable Care Act developed. I think it works well for both a legal and non-legal audience. It's written from a conservative point of view, but not in a hack kind of way.
3 people found this helpful
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5.0 out of 5 stars
Amazing - Eye Opening and Educational account - This book is in itself "Unprecedented"
Reviewed in the United States on November 30, 2013Verified Purchase
Eye opening details into all the surroundings leading up to the highest courts decision. What amazed me more is that it is written in a way in which, even though it is detailing legal discussion, you can't put it down. Would like to see Blackman continue with this and author a book on the next chapter of the ACA in the high courts, Sebelius v. Hobby Lobby Stores.
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