Constitutional Challenges to the Affordable Care Act: Ideas from the Academy

September 16, 2011Duke Law News

September 16, 2011
9:00 AM-4:15 PM
Room 3043
Duke Law School

This all-day conference showcases the interdisciplinary contributions of legal academics to the resolution of the present constitutional litigation over the Patient Protection and Affordable Care Act (ACA). The legal challenges focus primarily (although not exclusively) on the constitutionality of the minimum-coverage provision, popularly known as the “individual mandate.” What are legal academics, who are less constrained than other legal actors, adding to the more traditional methods of legal argumentation that are being aired in the federal courts?

Conference Agenda

8:30 AM
Continental Breakfast

9:00 AM
Introductory Remarks: Dean David F. Levi, Neil Siegel

9:15 AM
First Session
Constitutional Expanse of Congress’s Enumerated Powers

Webcast, part 1

Erwin Chemerinsky, “Distinguishing Politics and Law: Why the Affordable Care Act is Clearly Constitutional”
Introductory remarks by Stephen Sachs

Neil Siegel, “Free Riding on Benevolence: Collective Action Federalism and the Individual Mandate”
Introductory remarks by Jack Balkin, moderator

Panelists: Robert Cooter, Ernie Young

10:30 AM

10:45 AM
Second Session
Constitutional Limits of Congress’s Enumerated Powers

Webcast, part 2

Ilya Somin, “A Mandate for Mandates: Is the Individual Health Insurance Case a Slippery Slope?”
Introductory remarks by Gillian Metzger, moderator

Stuart Benjamin, “Bootstrapping”
Introductory remarks by Matt Adler

Panelists: Jamie Boyle, Erwin Chemerinsky

12:00 PM
Luncheon (invitation only)

1:30 PM
Third Session
The ACA Litigation as Popular Constitutionalism

Webcast, part 3

Ernie Young, “Popular Constitutionalism and the Underenforcement Problem: The Case of the National Healthcare Law”
Introductory remarks by Guy Charles, moderator

Bryan J. Leitch, “Where Law Meets Politics: Freedom of Contract, Federalism, and the Fight Over Health Care”
Introductory remarks by Neil Siegel

Panelists: Jack Balkin, Theodore Ruger

2:45 PM

3:00 PM
Fourth Session
Enduring Problems with the American Health Care System

Webcast, part 4

Theodore Ruger, “Of Icebergs and Glaciers: The Submerged Constitution of American Health Care”
Introductory remarks by Mark Hall, moderator

Panelists: Arti Rai, Barak Richman, Gillian Metzger, Abigail Moncrieff

4:15 PM
Closing Remarks: Neil Siegel


Conference papers will be published in Law & Contemporary Problems.

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