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We the People

Experts analyze the Supreme Court case about Obamacare

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 5 March 2015

⏱️ 43 minutes

🧾️ Download transcript

Summary

Jonathan H. Adler from Case Western Reserve University and Nicholas Bagley from the University of Michigan join National Constitution Center president Jeffrey Rosen to analyze the core constitutional arguments in the latest Obamacare challenge at the Supreme Court.

Transcript

Click on a timestamp to play from that location

0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to the latest of our We the People Constitutional Podcasts.

0:07.0

The National Constitution Center is the only institution in America chartered by Congress to disseminate information about the U.S. Constitution

0:15.0

on a nonpartisan basis.

0:17.3

And today we discuss one of the most hotly contested Supreme Court cases of the year, King

0:22.1

versus Burwell.

0:23.7

The question, can five words shut down

0:26.4

the Affordable Care Act?

0:27.9

On Wednesday, the justices heard arguments

0:30.1

in the King case, which asks whether or not the part of the Affordable Care Act that says that subsidies for health insurance can only be offered on a quote exchange established by the state means literally what it says and whether federally

0:45.9

created exchanges should not be eligible to receive tax credits.

0:50.3

Joining us to discuss this case are the two leading experts in the country who have discussed it and in fact

0:56.8

given rise to the case itself.

0:59.8

Jonathan Adler from Case Western University School of Law is one of the co-authors of the academic

1:05.1

paper that led to yesterday's King versus Burwell arguments in court, along with the Cato

1:10.6

Institute's Michael Cannon, Professor Adler wrote back in 2012

1:14.0

that, quote, the text, structure, and history of the Affordable Care Act

1:18.0

show the tax credits and subsidies

1:20.0

are not available in federally run exchanges."

1:23.0

And Professor Adler discussed the case with us at the National Constitution

1:27.8

Center last year as well.

1:30.1

Nicholas Bagley from the University of Michigan Law School has written about the Affordable Care Act since 2011.

1:37.0

A former law clerk for Justice Jean-Paul Stevens, Professor Bagley rejects the primary arguments made by Professor Adler and filed an important brief in the case suggesting that federalism consideration should lead the court to uphold it.

...

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