In the tough luck constitution and the assault on health care reform andrew koppelman explains how the courts conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. In the tough luck constitution and the assault on health care reform oxford university press march 2013 koppelman gives an eloquent historical context to health care law and politics in this country as the title suggests the book offers a hard hitting point of view on obamacare and the bloody politics related to its implementation. The tough luck constitution and the assault on health care reform by andrew koppelman new york oxford university press 2013 208 pp 2195. In the tough luck constitution and the assault on health care reform andrew koppelman explains how the courts conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state they instead advocate what koppelman calls a tough luck philosophy if you fall on hard times too bad for you. The tough luck constitution and the assault on health care reform by andrew koppelman new york oxford university press 2013 208 pp 2195 the us constitution created rules about the distribution of powers within the national government these rules proliferate opportunities to block legislation or its implementation