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.