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Cato Podcast

SCOTUS Will Hear ObamaCare Challenges

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 14 November 2011

⏱️ 6 minutes

🧾️ Download transcript

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0:00.0

This is the Cato Daily Podcast for Monday, November 14th, 2011.

0:07.0

I'm Caleb Brown.

0:09.0

The Supreme Court will hear challenges to the Patient Protection and Affordable Care Act, also known as Obamacare.

0:14.6

The oral argument and the ruling will likely come in the heat of a presidential election year.

0:19.6

Ilia Shapiro, Senior Fellow in Constitutional Studies at the Cato Institute, comments.

0:25.0

Today was the day that we've long been awaiting for the year and a half since these lawsuits were first filed.

0:32.0

The Supreme Court granted cert on a number of issues in

0:35.1

the Obamacare litigation.

0:37.0

All of them on the 11th Circuit case, the one brought by the now 26 states and the National

0:41.9

Federation of Independent Business.

0:44.6

What was surprising was that it set five and a half hours for the argument.

0:48.8

This is a modern record.

0:50.9

I know the campaign finance, the McCain-Feingold case was granted three hours, but I'm not aware

0:56.7

of any case in decades. I mean, I don't know if you have to go back to Daniel Webster's time when they were at it for

1:02.6

days and days but this really is something different and they're going to be

1:06.5

arguing over a course of a couple of days I've been informed in March or

1:11.6

maybe early April.

1:14.0

They're taking two hours on the meat of the issue,

1:18.0

the constitutionality of the individual mandate

1:20.0

under either the Commerce Clause or the taxing power.

1:22.0

They're taking an hour and a half on severability,

1:25.0

meaning if the mandate falls, what gets taken with it, the whole Act, just community rating and guaranteed issue or something in between.

...

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