O'Reilly logo

Unprecedented by Randy Barnett, Josh Blackman

Stay ahead with the world's most comprehensive technology and business learning platform.

With Safari, you learn the way you learn best. Get unlimited access to videos, live online training, learning paths, books, tutorials, and more.

Start Free Trial

No credit card required

PART VI

In the Supreme Court

(March 26–28, 2012)

The drama that would unfold at the Supreme Court over the three days of argument was a worthy encapsulation of the roller-coaster ride that was the constitutional challenge to the Affordable Care Act. With Donald Verrilli confirmed as the new solicitor general, the government would test out its new strategy before the nine justices. On the first day, Verrilli attempted to persuade the Court that the individual mandate was both a tax and not a tax—and that, by the way, there was actually no mandate. On the second day, Paul Clement skillfully argued that Congress lacked the powers under the Commerce Clause to compel people to buy insurance. On day three, Clement and Verrilli clashed over whether ...

With Safari, you learn the way you learn best. Get unlimited access to videos, live online training, learning paths, books, interactive tutorials, and more.

Start Free Trial

No credit card required