An Affordable Care Act Draw

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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7 Responses

  1. Joe says:

    The law raises various interesting issues and that is what blogs do. If the writers think they are going to change many minds, they are a tad deluded, but if they want to discuss stuff, fine enough.

  2. Ken Rhodes says:

    What he (Joe) said, and then some.

    Remember, many of us who read and appreciate this blog are not authorities on the subject matter, nor even attorneys, but merely concerned citizens who like to be well informed and to learn the issues in more depth than we can from popular media sources. That the posts will not influence SCOTUS debate is no deterrent to my learning from them, and from participating in the discussion threads.

  3. Gerard Magliocca says:

    Well, I meant “waste of time if the goal is to influence the decision.” Far be it from me to say that more discussion is bad for other purposes.

  4. Shag from Brookline says:

    We may never get details of the process of the Court in coming to its decision on ACA. But what if there were some wavering on the part of one or two of the conservative 5? Might word be leaked about a possible change of direction on the part of one or two of the conservative 5 such that those supporting overturning part or all of ACA might publish heavily about pressures being brought to bear by ACA supporters to focus on a possibly vulnerable member (or two) of the conservative 5? If so, who might do such leaking? It’s not unheard of to have such leakage, is it?

  5. Gerard Magliocca says:

    Unheard of in recent decades anyway.

  6. Shag from Brookline says:

    Current day leaking techniques can perhaps be less detectable than was the case described in Peter G. Fish’s “Secrecy and the Supreme Court: Judicial Indecision and Reconstruction Politics” by Peter G. Fish, 8 Wm. & Mary LR 225 (1967), which may explain why it’s “Unheard of in recent decades anyway.” Perhaps “pillow talk” can be ruled out?

  7. Shag from Brookline says:

    And wasn’t there leaking surrounding the Dred Scott decision connected to a Presidential election? Consider that the current Presidential election may be the conservatives’ “dread” Obama moment?

    [Cut to Doris Day’s “Pillow Talk.”]