Why Did Legal Elites Underestimate the Case Against the Mandate?

law-school

That's the title of Jonathan Adler's insightful post over at the Volokh Conspiracy. It begins this way: Greg Sargent is one of many commentators wondering “How did legal observers and Obamacare backers get it so wrong?” I think he’s asking the wrong question.  A better question to ask is: why did so many expect legal elites to have any particular insight into the current court?  After  all, many of the legal experts who were so dismissive of the arguments against the mandate were equally dismiss … [Read more...]


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