Stephen Wermiel/ScotusBlog
“When the Supreme Court takes up the Affordable Care Act again on March 4, the fate of President Obama’s health-care law will once again be on the line, as it was in 2012. Only this time, the Court will be playing a different role than in the landmark decision of National Federation of Independent Business (NFIB) v. Sebelius.
In 2012, the Justices were exercising their power to interpret the meaning of the Constitution, but in the new case, King v. Burwell, they will be wrestling with the meaning of specific words in the statute passed by Congress.
There is a tendency in law school to think of big cases as those involving the Constitution – for example Brown v. Board of Education, Roe v. Wade and the upcoming same-sex marriage appeals. Indeed, many law students, perhaps most, never study statutory interpretation or give it only cursory attention. But although it is, perhaps, obvious, it is worth remembering that statutory cases may sometimes have just as much impact, or more, than constitutional decisions.”
Comments
Share On
