This post is part of an ACSblog symposium marking the one-year anniversary of the Affordable Care Act.
The legal challenges to the health care law represent "a radical attempt to turn back the clock on democracy," American Constitution Society Executive Director writes in The Hill's Congress blog.
She warns of the danger to Congress's power to regulate important issues of national concern if the "radical and rejected conception of the Constitution" is accepted by the Supreme Court.
The two recent federal court decisions invalidating the health care law represent a new and dangerous movement - both in the judiciary and in the political sphere - to push an outcome-driven approach to judicial decision-making and call it a valid theory of constitutional interpretation.
Read the full article here.