Why did they get it so wrong?
Almost without exception, law professors dismissed the possibility that the Patient Protection and Affordable Act Act (“PPACA”) might be unconstitutional — but something went wrong on the way to the courthouse. What explains the epic failure of law professors to accurately predict how Article III judges would handle the case? After considering three possible defenses/justifications, this essay identifies five factors that help explain the erroneous predictions of our nation’s elite law professors, who were badly wrong, but never in doubt.
It’s because they live in a leftist ivory-tower academic cocoon, where their idiosyncratic theories are rarely challenged or tested, until they collide with the real world, as they did with SCOTUS.
[Via Nick Rosenkranz]