Josh Blackman (South Texas College of Law) has posted Back To The Future of Originalism (Chapman Law Review, Vol. 16, 2013) on SSRN. Here is the abstract:
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In the blink of the jurisprudential eye, the Affordable Care Act went to the brink of unconstitutionality and back. Along that rapid journey, lawyers and scholars from across the philosophical spectrum, who were so focused on developing, refining, and advancing constitutional arguments at breakneck speeds, were often unable to pause, and appreciate the monumental importance of what was happening. This essay, as part of a symposium issue for the Chapman Law Review, takes a step back, and draws lessons from The Health Cases about the link between originalism and the state of constitutional law post-NFIB v. Sebelius.
Very interesting and recommended!