Current News

Book Profile: A Conspiracy Against Obamacare

Ronald Collins of SCOTUSblog published a profile of a book coauthored by Professors Ilya Somin and David Bernstein, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act. A third author, Jonathan Adler, is a Class of 2000 graduate of the law school.

Collins writes in the profile:

The contributors to A Conspiracy Against Obamacare are Randy Barnett, Jonathan Adler, David Bernstein, Orin Kerr, David Kopel, and Ilya Somin. In reading this unique volume – Clement tags it the contemporary equivalent of the Federalist Papers insofar as the challenge to the ACA is concerned – one sees the various arguments unfold over time (from August 17, 2009 to July 13, 2012). Throughout, Kerr serves as an intellectual sparring partner by way (to quote Barnett) of his “indefatigable resistance to every argument offered against the constitutionality of the individual insurance mandate.” The result is a back-and-forth constitutional dialogue that builds momentum, which at the time of the original blog entries attracted much legal, media, and public attention.

He continues:

A Conspiracy Against Obamacare is at once an intellectual biography of the challenges to the Affordable Care Act and a constitutional broadside against the ACA told by some of the contributors to the Volokh Conspiracy. More specifically, it reproduces the text of the actual blogs (and a few newspaper op-eds) that helped to inform the arguments that brought the case to the Supreme Court and thereafter helped to shape the arguments that some of the Justices eventually adopted. Among other things, the book is a story about the emerging role of blogs in influencing legal battles and public debate.

Book profile: A Conspiracy Against Obamacare — The book based on the blog, SCOTUSblog, January 30, 2014. By Ronald Collins.

Read the article