Edited Version of 11th Circuit's Decision in Healthcare Case
Clayton, Cornell William
cwclayton at wsu.edu
Mon Jan 9 13:55:53 PST 2012
Does anyone know how quickly the Court plans to release tapes of the oral arguments in the ACA case? Will they be available the same days as the arguments?
Cornell W. Clayton
Director, Thomas S. Foley Institute
C.O. Johnson Distinguished Professor of Political Science
Washington State University
From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Monday, January 09, 2012 1:04 PM
To: Conkle, Daniel O.
Cc: conlawprof at lists.ucla.edu
Subject: Re: Edited Version of 11th Circuit's Decision in Healthcare Case
FWIW, I also taught the ACA case this past semester in my first-year ConLaw class, presenting it at the end of the Commerce Clause, Necessary & Proper Clause, and Taxing/Spending Clause parts of the course, and after an intensive study of M'Culloch (on which I spend far more time than Marbury). I pulled together materials from the various briefs and courts of appeals decisions in several circuits -- segregated by argument -- which I'd be happy to share with anyone. My materials cover the three principal arguments concerning the so-called "individual mandate"--Commerce Clause; N&P; and Taxing power--but they do *not* cover the Dole "coercion" issue w/r/t the Medicaid amendment; the statutory Tax Anti-Injunction Act question; or the issue of severability, all of which we discussed in class, but much less comprehensively than the merits of the "mandate." From what I can tell, the students were really excited about covering it while the case was percolating. (We comprehensively covered Zivotofsky, too -- a fabulous teaching case on SOP.)
I'm happy to send the materials to interested parties, but I'm also fairly confident that the merits briefs of the SG (filed last Friday), Paul Clement, and Mike Carvin/Randy Barnett will sharpen the arguments considerably for those teaching the case this coming semester, and will be the best sources of all for those who can wait a few weeks to assign the bottom-side arguments. .
On Mon, Jan 9, 2012 at 2:46 PM, Conkle, Daniel O. <conkle at indiana.edu<mailto:conkle at indiana.edu>> wrote:
For anyone who might be interested, I've prepared a heavily edited, 13-page version of the 11th Circuit's voluminous decision in the healthcare case, along with a 1-page introduction. I plan to use these materials in my constitutional law course this spring. I've edited the 11th Circuit's decision based upon my plan to assign these materials - perhaps all at once, but perhaps in three segments - after teaching the relevant Supreme Court doctrine concerning the commerce power, the taxing power, and the spending power.
Depending on how folks are planning to teach the healthcare challenge, these materials might or might not be useful. But if anyone would like to use or adapt them in their own courses, please let me know (off list), and I'll be happy to send you a copy.
Daniel O. Conkle
Robert H. McKinney Professor of Law
Indiana University Maurer School of Law
Bloomington, Indiana 47405
fax (812) 855-0555<tel:%28812%29%20855-0555>
e-mail conkle at indiana.edu<mailto:conkle at indiana.edu>
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