Audio of my Latest “Federalist Society” Teleforum on the Supreme Court docket Oral Argument in California v. Texas—the Obamacare “Severability” Case

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The Federalist Society has now released the audio of the Teleforum I did with them of the November 10th California Supreme Court hearing against Texas, the Obamacare “severability” case. It’s available here.

In the Teleforum, I’ll cover all three of the issues raised by the judges: separability, reputation, and constitutionality of the remnants of the individual health insurance mandate after Congress set the penalty for non-compliance to zero in 2017. I also talk about the role of consensus between elite and expert in influencing the court, as I probably did in this case on the issue of severability.

I wrote about the hearing here. In this post I also add a description of the history of the case and links to my previous writings on it.