David Post has a really interesting post this morning on the Volokh Conspiracy about the implications of issue versus outcome voting in NFIB v. Sebelius. Post and Steve Salop’s 1992 Georgetown Law Journal article sets forth an analysis of issue versus outcome voting. The blog post works through that analysis in the context of the healthcare decision. Its too long to excerpt. But go check it out (the comments, thus far, are also pretty good).
David Post on Issue Versus Outcome Voting in NFIB v. Sebelius
Joshua D. Wright, David Post on Issue Versus Outcome Voting in NFIB v. Sebelius, Truth on the Market (July 06, 2012), https://truthonthemarket.com/2012/07/06/david-post-on-issue-versus-outcome-voting-in-nfib-v-sebelius/
