What did Professor Amy Coney Barrett say about NFIB v. Sebelius?
In 2017, then-Professor Amy Coney Barrett wrote a review of Randy Barnett’s book, Our Republican Constitution. I encourage you to read the article in Constitutional Commentary. She articulates her vision of judicial philosophy quite cogently. Here, I want to draw attention to one passage about the Obamacare decision.
She begins by noting that Randy’s book was motivated, in part, by the Chief’s opinion in NFIB v. Sebelius.
Our Republican Constitution is animated in large part by Barnett’s frustration with what he regards as a misguided attachment to judicial restraint, particularly on the part of conservatives.51
FN51: See p. 17 (asserting that with NFIB v. Sebelius, “[t]he chickens of the conservative commitment to judicial restraint had thus come home to roost.”); see also p. 81 (asserting that “the tragedy of the Supreme Court’s decision in the Obamacare case was made possible by modern-day ‘judicial conservatives’ accepting as valid the progressive attack on our Republican Constitution.”); p. 248 (“The visibility of our Obamacare challenge and the w
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