The Paradox of the Obamacare Decision: How Can the Federal Government have Limited Unlimited Power?

Authors

Robert J. Pushaw Jr., Pepperdine University School of Law

Abstract

National Federation of Independent Business v. Sebelius, the Supreme Court’s decision upholding the landmark Patient Protection and Affordable Care Act (ACA or “Obamacare”), sets forth the most important judicial examination of constitutional power since the New Deal era. The political and media frenzy over the Obamacare case has obscured its actual legal analysis and larger constitutional implications, which warrant more reflective study. This Article seeks to provide such a scholarly perspective.

Recommended Citation

Robert J. Pushaw Jr., The Paradox of the Obamacare Decision: How Can the Federal Government have Limited Unlimited Power?, 65 Fla. L. Rev. 1993 (2013).
Available at: https://scholarship.law.ufl.edu/flr/vol65/iss6/8