//  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.

Versus Trump: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

The Affordable Care Act Does Not Have An Inseverability Clause

11/5/20  //  In-Depth Analysis

Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

Abbe R. Gluck

Yale Law School

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11/2/20  //  Commentary

Will this be the last Versus Trump before Trump loses reelection? Who knows, but, on this week’s episode, Jason and Charlie discuss key theories that will shape which votes count. Listen now!

Charlie Gerstein

Civil Rights Corps