//  12/20/18  //  Commentary

On this week's episode of Versus Trump, Charlie and Jason discuss Friday's unexpected ruling that the current version of the Affordable Care Act—that is, Obamacare—is unconstitutional and must be entirely struck down. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Jason and Charlie first discuss the nature of the case and wonder whether anyone actually has standing to bring this claim, though they are less skeptical than some others that there is no standing here. They then briefly discuss the constitutional merits and agree that the mandate is technically unconstitutional under the first Obamacare Supreme Court case. But what happens next? Both Jason and Charlie are skeptical that the whole law must fall, as the court held.

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Notes

  • The ruling in Texas v. U.S. is here.
  • Take Care contributor Nick Bagley's piece on standing in The Atlantic is here.
  • Jason mentioned a Cato post criticizing the decision. That's here.
  • Abbe Gluck's post about what the ACA contains is here.

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Jason Harrow

Gerstein Harrow LLP

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Gerstein Harrow LLP

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Charlie Gerstein

Gerstein Harrow LLP

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Gerstein Harrow LLP

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Jason Harrow

Gerstein Harrow LLP

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Gerstein Harrow LLP