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Andrew Koppelman

A Problem for Future Intellectual Historians

Back when the Supreme Court heard the Affordable Care Act case, in March of 2012, and then when they later issued their ruling, that June, I fiddled around with writing a post about how liberal analysis of the case, as it worked its way through the federal courts, should, in the future, become an interesting subject for intellectual historians.  But this turned out to be one of those posts that never got written.  Last week, however, a post by constitutional law scholar (and my college debate partner) Mike Dorf on his blog, Dorf on Law, as well as a book Read more