Audio of my Recent Federalist Society Teleforum on the Supreme Court Oral Argument in California v. Texas—the Obamacare "Severability" Case
It is now available online for free.
It is not clear how the Court will ultimately resolve the case. But it is obvious that a majority of justices oppose invalidating the entire Affordable Care Act.
Democratic warnings that Amy Coney Barrett would threaten Obamacare were predictably overblown.
Under the Affordable Care Act, if you liked your plan, you couldn't always keep it.
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
She's unlikely to cast a vote to strike down the law as a whole, and unlikely to have a decisive impact on its fate even if she does.
Pence claims Obamacare was a "disaster" that Americans "remember." It's still very much on the books.
Biden spun the Supreme Court's role in health care. Trump dodged, distracted, and bullied. It was an unproductive slugfest.
After years of promises, Trump unveils a meaningless executive order on preexisting conditions and a prescription drug gift card for seniors.
What's next for SCOTUS?
The chief justice has managed to infuriate every major political faction.
Plus: Biden echoes Trump on trade, tech ties to cops revealed, and more...
The GOP’s decadeslong refusal to offer a compelling health care alternative has given Democrats the political upper hand.
The Obamacare contraception mandate continues to cause legal trouble.
The ruling says health insurers are owed money that Congress never appropriated.
No one will ever head to Walmart for a kidney transplant, but retail companies and profit-based clinics certainly can offer high-quality, lower-level services—and impose market discipline in a sector that sorely needs it.
The ruling by a closely divided court leaves in place a December panel decision in this important case - at least for now.
The justices declined a Democratic request to fast track a decision on the law.
The elimination of three health care taxes will increase the deficit by $373 billion.
The shifting understanding of the requirement to buy health insurance elevates form above substance.
Biden's reputation as a bipartisan dealmaker might be appealing in these polarized times, but his record as a policy maker is atrocious.
The appellate court remanded the most important issue in the case back to the district court. But its instructions will make it difficult for the trial judge to again rule that the entire Affordable Care Act must fall with the individual mandate.
A decade after Obamacare, the Democratic Party has embraced health care radicalism.
DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
If the Private Plaintiffs in NFIB v. Sebelius were injured by the mandate, then the Private Plaintiffs in Texas v. U.S. are injured by the mandate
The Kentucky senator wants the Senate to consider offsetting spending cuts before approving limitless, automatic spending for the rest of the century.
The cost of single-payer would dwarf the price of Obamacare.
Biden is framing his new plan as a defense of Obamacare. It's not.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
An important element of standing has already been decided by the Court
Understanding NFIB v. Sebelius
A new Congressional Budget Office report shows the consequences of undoing Trump-era rules on less regulated health coverage.
The new plan is likely to resemble an old plan that was barely a plan at all.
This is selective enforcement of the law for political purposes.
It's an attempt to make an end-run around congressional spending authority.
In 2019, it's liberals, not conservatives, who are holding the pill hostage for political gain.
Plus: Libertarians face resistance while picking up trash without a permit, and Trump imagines Sen. Warren at the Wounded Knee massacre.
Trump's shutdown is a temporary, political fight that won't save any money or reduce the size of government.
Under the health law, Medicare started penalizing hospitals for too many readmissions. Now mortality rates are up.
[A guest-post by Prof. Josh Blackman (South Texas College of Law), a noted expert on Obamacare-related litigation. -EV]
The judge was right to conclude that the individual health insurance mandate is now unconstitutional, but wrong to rule that the rest of the ACA is now unlawful because it can't be severed from the largely toothless mandate left in place under the 2017 GOP tax bill.
The ruling will almost certainly be appealed.
Premiums are down and choice is up after Republican tweaks to the Affordable Care Act.