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Unprecedented by Randy Barnett, Josh Blackman

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PART II

Unprecedented

(January 21, 2009–March 23, 2010)

The story of the constitutional challenge to the Affordable Care Act continued through the first year of President Obama’s first term, when, together with managing the economy, health care reform became his top priority. After opposing the individual mandate on the campaign trail, the president reversed course and adopted Senator Hillary Clinton’s approach to guaranteeing universal coverage.

Seizing on the growing influence of the Tea Party and the rising unpopularity of what would soon be called Obamacare, Republicans directed all of their efforts at killing the bill. However, with sixty votes in the Senate and an overwhelming majority in the House, the Democrats were able to enact their ...

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