Tuesday, April 23, 2013

Why Did Law Professors Misunderestimate the Lawsuits against PPACA?

Available for download at SSRN, an essay by David A. Hyman, to be in a forthcoming issue of the University of Illinois Law Review.

"Almost without exception, law professors dismissed the possibility that the Patient Protection and Affordable Act Act ('PPACA') might be unconstitutional -- but something went wrong on the way to the courthouse. What explains the epic failure of law professors to accurately predict how Article III judges would handle the case? After considering three possible defenses/justifications, this essay identifies five factors that help explain the erroneous predictions of our nation’s elite law professors, who were badly wrong, but never in doubt."