The Volokh Conspiracy

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Affordable Care Act

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.


The Federalist Society has now posted the audio of the Teleforum I did with them on the the November 10 Supreme Court oral argument in California v. Texas, the Obamacare "severability" case. It is available here.

In the teleforum, I cover all three of the issues addressed by the justices: severability, standing, and the constitutionality of what's left of the individual health insurance mandate after Congress zeroed out the penalty for noncompliance in 2017. I also talk about the role of elite/expert consensus in influencing the Court, as I think in this case it likely did on the severability issue.

I wrote about the oral argument here. In that post, I also include a description of the history of the case, and links to my previous writings on it.