The Volokh Conspiracy

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Affordable Care Act

Courthouse Steps Podcast on California v. Texas

A discussion with Mario Loyola on the Supreme Court's latest Affordable Care Act Decision


In late June I recorded a Federalist Society "Courthouse Steps" podcase on California v. Texas with Mario Loyola. The audio of that teleforum is now available here.

We agree that the Court was correct to reject the plaintiffs' claims in California v. Texas, but had some disagreement on how the Court should have gotten there. I hope the recording is of interest to some VC readers.

(Note: We had a zoom glitch in the middle, but it should not get in the way of the content.)

All told, California v. Texas was not the third, but the seventh ACA case to reach the Supreme Court. The contraception mandate and cost-sharing payment cases are ACA cases too. California v. Texas will also not be the last time the ACA reaches One First Street. For reasons I explained in this little paper from a few years back, the ACA's text, structure, history, and content created a perfect storm for ongoing litigation, and the Supreme Court will eventually become as familiar with this statute as it is with the Clean Air Act or (even more likely) ERISA.

All of my prior blogging on California v. Texas is indexed here.