I am in love. I just read a fascinating analysis of the various cases that challenged the Affordable Care Act. But this was no run of the mill legal analysis; it was an amazing journey through the narratives that propelled the law to the drop of the Supreme gavel. The author, K. Chestek, a professor at Indiana University School of Law, combined two of my loves–language and the law–as he explored twelve trial briefs filed in the mosaic of cases that lead to one of the most influential and important cases our Supreme Court has ever heard. Chestek parsed the Hero’s journey sung by each plaintiff and defensive parry by each defendant, and compared the outcome of the cases, to discern if there was any pattern or correlation in the judge’s decisions based on the type of characters and obstacles chosen to tell the tales. It’s a refreshing look at the ACA, and intriguing glimpse into the power of language in the law.
No spoilers here, you’ll have to check it out for yourself, but here’s a taste:
“Persuasion is like a double helix: one strand of logos wound tightly with a strand of narrative reasoning.”
Oooo, it makes me tingle, it’s so nerdy!