Not surprisingly, this has been a field day for law professors who have an opinion on the Justice Robert's opinion in the ACA case. For convenience, we've brought links to commentary together in one convenient place. They're in no particular order and readers are encouraged to add additional links within the comments.
Mike Dorf here
Jonathan Adler here
Tim Jost here
Randy Barnett here
Larry Solum here, here, here, and here
Richard Epstein here
David Bernstein here
Laurence Tribe here
Adam Winkler here
Nicole Huberfeld here
Rick Hills here
Howard Wasserman here
Alan Morrison here
Tom Smith here
Rick Hasen here
We should also congratulate the law faculty whose law journal scholarship was cited in the opinions: Lynn Baker and Mitchell Berman's 2003 "Getting off the Dole" in the Indiana Law Journal; Evan Caminker's State Sovereignty and Subordinacy in the Columbia Law Review in 1995; Mark Hall's Commerce Clause Challenges to Health Care Reform in the Penn Law Review in 2011; Nicole Huberfeld, Federalizing Medicaid, in the U.Penn. Journal of Constitutional Law in 2011; Susan Rose-Ackerman's Cooperative Federalism and Co-Optation in the Yale Law Journal in 1983.
I see that Roberts also used Gerald Gunther's edition of Marshall's defense of McCullough, which was published anonymously, no?
Have I missed anyone?
Posted by: Alfred Brophy | June 28, 2012 at 05:34 PM
David Franklin in Slate: http://www.slate.com/articles/news_and_politics/jurisprudence/2012/06/john_roberts_broke_with_conservatives_to_preserve_the_supreme_court_s_legitimacy.html
Posted by: Sally | June 28, 2012 at 06:23 PM
I'd add in the four professors who gave their takes in NPR's article Legal Scholars React: 'Many People Were Stunned' at http://tinyurl.com/78y4gtt
Richard Garnett
Erwin Chemerinsky
Jamal Greene
Neil Siegel
Also commenting in the same article were scholars Ilya Shapiro from the Cato Institute and Robert Alt from the Heritage Foundation.
Posted by: Rita_Trivedi | June 29, 2012 at 06:57 AM
And Paul Campos at Salon: http://www.salon.com/2012/06/28/did_john_roberts_switch_his_vote/singleton/
Posted by: Dan Filler | June 29, 2012 at 09:33 AM
Brie Clark here: http://llsblog.lls.edu/faculty/2012/06/health-reform-survives-legal-challenge.html.
Posted by: Michael | June 29, 2012 at 01:11 PM
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