Document Type
Article
Publication Date
1-1-2013
Abstract
Chief Justice John Roberts upheld the individual mandate of the Affordable Care Act because he rejected formalism and embraced realism in constitutional analysis, and because he deferred to Congress, acknowledging its right to make policy choices.
Publication Title
Akron Law Review
First Page
117
Last Page
135
Recommended Citation
Wilson Huhn, Realism Over Formalism and the Presumption of Constitutionality: Chief Justice Roberts' Opinion Upholding the Individual Mandate, 46 Akron Law Review 117 (2014)