A young legal scholar delivers an impressive blow-by-blow account of the court battle to defeat the Affordable Care Act.
"Unprecedented," writes Blackman (South Texas College of Law) about the president's health care initiative, "a monumental and transformational law" critics derisively branded "Obamacare," a label the president later happily embraced. Unprecedented, too, was the legislative process that enacted it without a single Republican vote, the widespread and swift mobilization of citizens' groups to oppose it, and the legal challenge to overturn it. Blackman provides a helpful legislative history underlying Obamacare's enactment, charting the major parties' shameless shifting of positions on the individual mandate, and he explores the extralegal machinations surrounding the litigation. He focuses, though, on the court duel, the uncommon 26-state coalition opposing the law, the tortuous progress of the health care cases through the lower courts, and the noteworthy three days and over six hours the Supreme Court devoted to oral argument in NFIB v. Sebelius. Employing a theory roundly ridiculed before any litigation began, the plaintiffs argued that neither the Commerce nor the Necessary and Proper Clause permitted the government to require individuals to purchase health care insurance. Remarkably, a majority of the court agreed, but in an opinion worthy of the wily John Marshall, the chief justice found the law constitutional under the government's power to tax. As the implications of John Roberts' controversial opinion play out in the court's future jurisprudence and as the realities of Obamacare's provisions unfold in our daily lives, historians will look to this wild and, yes, unprecedented moment, when legal experts seriously wrangled over whether the federal government could require a citizen to buy broccoli.
With his strong connections among the conservative and libertarian lawyers who mounted the constitutional challenge and his talent for translating arcane legal-speak, Blackman more than capably captures this dramatic constitutional showdown.Pub Date: Sept. 13, 2013
ISBN: 978-1-61039-328-7
Page Count: 368
Publisher: PublicAffairs
Review Posted Online: July 30, 2013
Kirkus Reviews Issue: Aug. 15, 2013
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Not an easy read but an essential one.
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Title notwithstanding, this latest from the National Book Award–winning author is no guidebook to getting woke.
In fact, the word “woke” appears nowhere within its pages. Rather, it is a combination memoir and extension of Atlantic columnist Kendi’s towering Stamped From the Beginning (2016) that leads readers through a taxonomy of racist thought to anti-racist action. Never wavering from the thesis introduced in his previous book, that “racism is a powerful collection of racist policies that lead to racial inequity and are substantiated by racist ideas,” the author posits a seemingly simple binary: “Antiracism is a powerful collection of antiracist policies that lead to racial equity and are substantiated by antiracist ideas.” The author, founding director of American University’s Antiracist Research and Policy Center, chronicles how he grew from a childhood steeped in black liberation Christianity to his doctoral studies, identifying and dispelling the layers of racist thought under which he had operated. “Internalized racism,” he writes, “is the real Black on Black Crime.” Kendi methodically examines racism through numerous lenses: power, biology, ethnicity, body, culture, and so forth, all the way to the intersectional constructs of gender racism and queer racism (the only section of the book that feels rushed). Each chapter examines one facet of racism, the authorial camera alternately zooming in on an episode from Kendi’s life that exemplifies it—e.g., as a teen, he wore light-colored contact lenses, wanting “to be Black but…not…to look Black”—and then panning to the history that informs it (the antebellum hierarchy that valued light skin over dark). The author then reframes those received ideas with inexorable logic: “Either racist policy or Black inferiority explains why White people are wealthier, healthier, and more powerful than Black people today.” If Kendi is justifiably hard on America, he’s just as hard on himself. When he began college, “anti-Black racist ideas covered my freshman eyes like my orange contacts.” This unsparing honesty helps readers, both white and people of color, navigate this difficult intellectual territory.
Not an easy read but an essential one.Pub Date: Aug. 13, 2019
ISBN: 978-0-525-50928-8
Page Count: 320
Publisher: One World/Random House
Review Posted Online: April 28, 2019
Kirkus Reviews Issue: May 15, 2019
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PROFILES
SEEN & HEARD
SEEN & HEARD
Straight talk to blacks and whites about the realities of racism.
In her feisty debut book, Oluo, essayist, blogger, and editor at large at the Establishment magazine, writes from the perspective of a black, queer, middle-class, college-educated woman living in a “white supremacist country.” The daughter of a white single mother, brought up in largely white Seattle, she sees race as “one of the most defining forces” in her life. Throughout the book, Oluo responds to questions that she has often been asked, and others that she wishes were asked, about racism “in our workplace, our government, our homes, and ourselves.” “Is it really about race?” she is asked by whites who insist that class is a greater source of oppression. “Is police brutality really about race?” “What is cultural appropriation?” and “What is the model minority myth?” Her sharp, no-nonsense answers include talking points for both blacks and whites. She explains, for example, “when somebody asks you to ‘check your privilege’ they are asking you to pause and consider how the advantages you’ve had in life are contributing to your opinions and actions, and how the lack of disadvantages in certain areas is keeping you from fully understanding the struggles others are facing.” She unpacks the complicated term “intersectionality”: the idea that social justice must consider “a myriad of identities—our gender, class, race, sexuality, and so much more—that inform our experiences in life.” She asks whites to realize that when people of color talk about systemic racism, “they are opening up all of that pain and fear and anger to you” and are asking that they be heard. After devoting most of the book to talking, Oluo finishes with a chapter on action and its urgency. Action includes pressing for reform in schools, unions, and local governments; boycotting businesses that exploit people of color; contributing money to social justice organizations; and, most of all, voting for candidates who make “diversity, inclusion and racial justice a priority.”
A clear and candid contribution to an essential conversation.Pub Date: Jan. 16, 2018
ISBN: 978-1-58005-677-9
Page Count: 256
Publisher: Seal Press
Review Posted Online: Oct. 9, 2017
Kirkus Reviews Issue: Nov. 1, 2017
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SEEN & HEARD
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