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Foreword by Randy E. Barnett
In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5–4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama.
On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama’s “legacy”—his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.
Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey—including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama’s “unprecedented” law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
- Sales Rank: #635962 in eBooks
- Published on: 2013-09-10
- Released on: 2013-09-10
- Format: Kindle eBook
From Booklist
The pitched legal battle to end the national health-care program known as Obamacare ended in a surprising decision supported by U.S. Supreme Court Chief Justice Roberts, a decision that promises continued strife on the issue of health care as well as constitutional issues. Blackman, law professor, blogger, and representative of a coalition of independent business interests opposed to the program, spent more than two years following the legislative process that produced Obamacare and the legal challenges to the program. Blackman argues that the process was unprecedented in many ways, including the nature of the legislation to compel citizens to buy insurance, the legal arguments for and against, and the political pressure brought to bear on the Left and the Right. He details the political machinations behind the Supreme Court decision in favor of the health-care program, particularly pressure on Roberts. Blackman also explores the significance of the decision as a galvanizing issue for conservatives and future implications for challenges to government power. --Vanessa Bush
Review
"Excellent"-The Wall Street Journal "Unprecedented is the definitive account of the historic constitutional challenge to Obamacare."
-RANDY BARNETT, Georgetown Law Center
"This is an absorbing tale of how a landmark Supreme Court opinion was born."
-JACK BALKIN, Yale Law School
"This will surely be recognized as the definitive account of the convoluted litigation leading up to the Supreme Court's historic ruling on the Affordable Care Act and of what that ruling might portend for the future."
-LAURENCE H. TRIBE, Harvard Law School
"Riveting"
-FRED BARNES, Weekly Standard
“Excellent.” — Wall Street Journal
“Blackman has written a deeply researched, highly readable account of the conservative challenge to the ACA, which, as a recent law graduate, he witnessed from the inside.” — American Prospect
“A young legal scholar delivers an impressive blow-by-blow account of the court battle to defeat the Affordable Care Act… With his strong connections among the conservative and libertarian lawyers who mounted the constitutional challenge and his talent for translating arcane legal-speak, Blackman more than capably captures this dramatic constitutional showdown.” — Kirkus Reviews
“Blackman, law professor, blogger, and representative of a coalition of independent business interests opposed to the program, spent more than two years following the legislative process that produced Obamacare and the legal challenges to the program. Blackman argues that the process was unprecedented in many ways… Blackman also explores the significance of the decision as a galvanizing issue for conservatives and future implications for challenges to government power.” — Booklist
“Blackman does a stellar job of calling out both parties for their flip-flopping with respect to the individual mandate.” — Publishers Weekly
“Riveting.” — The Weekly Standard
“It provides a granular account of how the legal - and political - battle over the Affordable Care Act was joined, and how so much about the fight departed from past pattern… [Blackman] is a bit of a legal polymath. He can, with seeming ease, assimilate disparate streams of legal analyses, facts, political events, and government policy in service of his arguments.” — Philadelphia Inquirer
From the Back Cover
Praise for Unprecedented
"From being at the right place at the right time and by dint of prodigious effort, Josh Blackman got the inside scoop on the constitutional case of the century, which he now shares with all of us. Combining information gleaned from his extensive interviews with the principals with his constitutional expertise as a scholar, Blackman is able to describe the litigation strategies of the parties and explain the sometimes confusing constitutional doctrines raised by the case in language anyone can understand. Even those who were deeply involved in the litigation stand to learn from his evenhanded exposition. I know I have. Unprecedented is the definitive account of the historic constitutional challenge to Obamacare."
--RANDY E. BARNETT, Carmack Waterhouse Professor of Legal Theory, and director of the Georgetown Center for the Constitution, Georgetown University Law Center
"The story of the legal challenge to Obamacare is one of the most remarkable in the nation's history, and Josh Blackman's fascinating new book takes us through its many twists and turns with masterful aplomb. Blackman's narrative never flags as he guides us through the ins and outs of litigation strategy and constitutional argument. This is an absorbing tale of how a landmark Supreme Court opinion was born."
--JACK M. BALKIN, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
"This will surely be recognized as the definitive account of the convoluted litigation leading up to the Supreme Court's historic ruling on the Affordable Care Act and of what that ruling might portend for the future. It's a rare combination of a page-turner and a careful explanation of the legal arguments--all the more remarkable because it comes from someone who played a role in developing the challenge to the Act and thus is anything but a disinterested observer. This is as good an example as we are likely to see of a head-to-toe dissection of a still living legal specimen."
--LAURENCE H. TRIBE, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School
"Riveting"
--FRED BARNES, The Weekly Standard
Most helpful customer reviews
16 of 17 people found the following review helpful.
An *unprecedented* legal-political thriller!
By Tim October
Unprecedented is a genre-bending legal-political thriller. At times the book is detailed, nuanced, and deep; at others, it is breathtakingly fast-paced and dramatic. From Justice Kagan's mysterious decision to wall herself off from the case, to a look behind the scenes of the secret deliberations of the highest court in the land, Unprecedented gives a month-by-month, sometimes minute-by-minute (and even second-by-second!) account of the case of the millennium. Professor Blackman's highly readable style, excitement about the case, and affection for the actors involved blend to create an auspicious early masterwork from a highly promising young legal talent.
Unprecedented is unprecedented. Unlike so many legal dramas that can feel dry and abstract, Unprecedent makes it feel like you're there for some of the most important and critical decisions leading up to one of the most important moments in the history of the United States -- the moment the Chief Justice of the United States affirmed the constitutionality of "the last piece of our basic social compact."
I actually choked up as the book described those tense uncertain moments when the President and the Nation thought Obamacare had fallen, and the crowd outside began cheering for the Constitution. Now how many law books can you say made you feel something like that?
13 of 13 people found the following review helpful.
Inside Scoop
By Brian Logan
This insightful page-turner provides a definitive account of Obamacare that is not only fair and nuanced but also highly relevant to ongoing debates. Blackman couples his expertise as a constitutional scholar with riveting interviews to provide a rich history of one of the most controversial cases of our time. I highly recommended this to members of both sides of the political spectrum - you will enjoy learning the inside scoop.
8 of 8 people found the following review helpful.
Great Read
By Shon
Josh Blackman's book is amazing. On one level, Unprecedented will appeal to the general public wanting to know the behind the scenes action of the Obamacare litigation. On another level, Unprecedented will appeal to all those legal nerds (like myself) who want to understand the litigation dynamics and strategies behind the biggest Supreme Court case of our generation. Unprecedented also does a wonderful job of bringing to life the characters involved in the case, from the Solicitor General to one of the architects of the case, Randy Barnett.
Buy this book. You won't be disappointed.
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