The Supreme Court’s decision in NFIB v. Sebelius achieved a level of media coverage and public salience reached by very few Supreme Court decisions. It represented a political moment, if not a constitutional one.
Although legal scholars might focus on the doctrinal importance of the decision for shaping the contours of congressional power, this unusually high profile case is also fascinating to study as an event that structured public opinion about the ACA and the Court itself.
As such, it also presented a unique test for larger theories about the role of the Supreme Court as an agenda-setter for public opinion. [cont. – PDF]
Andrea Campbell, MIT, & Nathaniel Persily, Columbia