The Conspiracy Against Obamacare: How Academic Bloggers Influenced the Legal Battle Over the Individual Mandate

 

Jonathan H. Adler, J.D. – Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law
Friday January 31, 2014
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library
Case Western Reserve University

Dear Colleagues:

As the Affordable Care Act was debated, its advocates were sure that the “individual mandate” fit the federal government’s power to regulate commerce.

But a series of counter-arguments were developed by conservative legal academics on the Volokh Conspiracy blog, and they won support from a majority of the Court. The mandate was only upheld because Chief Justice Roberts decided it was a tax.

Professor Adler is a central member of this group. He developed other arguments that remain unsettled and endanger implementation of what’s left of the law. He and his “co-conspirators” have now published a book about what they did and why it mattered.

All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies


About Our Guest

Jonathan Adler is the author or editor of four books on environmental policy and over a dozen book chapters. His articles have appeared in publications ranging from the Harvard Environmental Law Review and Supreme Court Economic Review to The Wall Street Journal and The Washington Post. Professor Adler is a Senior Fellow at the Property & Environment Research Center in Bozeman, Montana, a contributing editor to National Review Online and a regular contributor to the popular legal blog, “The Volokh Conspiracy” (http://volokh.com). A 2007 study identified Professor Adler as the most cited legal academic in environmental law under age 40, and his recent article, “Money or Nothing: The Adverse Environmental Consequences of Uncompensated Land Use Controls,” published in the Boston College Law Review, was selected as one of the ten best articles in land use and environmental law in 2008.

Where We Meet

The Friday Public Affairs Lunch convenes each Friday when classes are in session, from 12:30 p.m. to 1:30 p.m. We usually meet in the Dampeer Room of Kelvin Smith Library. The Dampeer Room is on the second floor of the library. If you get off the elevators, turn right, pass the first bank of tables, and turn right again. Occasionally we need to use a different room; that will always be announced in the weekly e-mails.

Parking Possibilities

The most convenient parking is the lot underneath Severance Hall. We regret that it is not free. From that lot there is an elevator up to street level (labeled as for the Thwing Center); it is less than 50 yards from that exit to the library entrance. You can get from the Severance garage to the library without going outside. Near the entry gates – just to the right if you were driving out – there is a door into a corridor. Walk down the corridor and there will be another door. Beyond that door you’ll find the entrance to an elevator which goes up to an entrance right inside the doors to Kelvin Smith Library.

Friday Lunch Upcoming Topics and Speakers:

February 7: America’s Future in Space. With Michael L. Heil, Ph.D., President and CEO, Ohio Aerospace Institute.

February 14: The Wizard Behind the Curtain: ALEC and State Legislatures in 2014. With Amy Hanauer, Executive Director, Policy Matters Ohio.

February 21: The Profession of Accounting: Where It Came From, Where It Has Been, and Where It’s Going. With Gary Previts, Distinguished University Professor and E. Mandel de Windt Professor of Leadership and Enterprise Development.

February 28: TBA

March 7: Shared Success: Law Enforcement, Faith-Based Organizations, and the Fugitive Safe Surrender Program. With Daniel Flannery Ph.D., Semi J. and Ruth W. Begun Professor and Director, Begun Center for Violence Prevention Research and Education.

March 14: Spring Break

March 21: What the Jewish Experience Tells Us About Religion in America Today. With Peter J. Haas, Abba Hillel Silver Professor of Jewish Studies and Chair, Department of Religious Studies.

March 28: Muslims in the United States. With Justine Howe, Assistant Professor of Religious Studies.

April 4: The “Problem” of Teen Mothers. With Mary Erdmans, Associate Professor of Sociology.

April 11: Is the Federal Government’s Committee on Foreign Investment in the United States Anti-Asian? With Timothy Webster, Assistant Professor of Law and Director, East Asian Legal Studies. ***Alternate Site: Mather House Room 100.***

April 18: Is Cleveland Dying? With John A. Begala, Executive Director, Center for Community Solutions.

April 25: Pope Francis: So Far. With Paul V. Murphy, Professor of History and Director, Institute of Catholic Studies, John Carroll University