Professor Magliocca Op-Ed on ACA Published in Washington Post
Professor Gerard Magliocca of the IU Robert H. McKinney School of Law delineates why the fight over the Affordable Care Act (ACA) is still not considered “settled” law in an opinion piece published in the Washington Post.
“Lawyers use the term ‘settled law’ to describe court decisions that clearly establish a rule or a doctrine,” Professor Magliocca writes in the column. “Yet settled law also refers to legal actions that are accepted by society.” He points to two United States Supreme Court decisions as examples of settled and unsettled law: Brown v. Board of Education, the decision that desegregated public schools, is widely accepted by society as the law of the land; while Roe v. Wade, which created the constitutional right to an abortion, is far from being accepted by a large section of the population.
Professor Magliocca joined the IU McKinney faculty in 2001, and is a Samuel R. Rosen Professor of Law and Associate Dean for Research. In addition to his books, he has written over 20 articles on constitutional law and intellectual property. He teaches torts, constitutional law, intellectual property, legal history, and admiralty law. His latest book, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment, was published in September 2013 by New York University Press.