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Advisory Opinions

Supreme Court Dismisses Obamacare Challenge

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 17 June 2021

⏱️ 72 minutes

🧾️ Download transcript

Summary

The big Supreme Court rulings have finally arrived! On today’s podcast, David and Sarah discuss two unexpected majorities in California v. Texas, which upheld the constitutionality of Obamacare (again!), and Fulton v. City of Philadelphia, which unanimously protected the religious liberty of Catholic Social Services after the city of Philadelphia excluded CSS from its foster parent program for refusing to certify same-sex couples as foster parents. Our hosts analyze how the Supreme Court denied standing to the states challenging the ACA and then dive into two spicy opinions from Alito. Plus, some “palace intrigue” discussion about whether Alito was denied his chance to write a majority opinion. Show Notes: -California v. Texas -Fulton v. City of Philadelphia Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Welcome to the advisory opinions podcast. This is David French with Sarah Isger and Sarah, I'm going to start with a question.

0:10.0

Here's my question Sarah. Go get a siren.

0:16.0

When you want to express exuberance through Jeff Form, is your favorite the baby in the Pittsburgh, Pinguins uniform saying yes, or is it Napoleon Dynamite's brother saying yes?

0:34.0

No, definitely neither. Those are David specific.

0:40.0

I do I make songs David my my heart sings.

0:46.0

And that is your heart comes out.

0:49.0

Is your I suspect your hardest singing today because holy smokes.

0:54.0

It's singing for so many reasons today not only did we get two of our hit parade cases, but the way they came down, even though I actually don't agree with them was interesting, fascinating.

1:09.0

Lots of a conversation to be had and David, I think we can officially say that there is a 333 court as predicted on a.o.

1:19.0

And that the lineup is pretty much what what we said.

1:25.0

Yeah, so there's so much to talk about if you have I'm getting I'm safe to say I think probably 99% of our listeners already know by the time this pot they they get this podcast and their feed that the Supreme Court decided today California V Texas better known as the Obamacare case and Fulton versus the city of Philadelphia, which is the religious Liberty case challenging Smith.

1:51.0

But on on behalf of Catholic social services, both cases came down.

1:56.0

Both cases came down with really interesting alignments. So Obamacare was upheld on standing grounds.

2:05.0

72.

2:07.0

And that's it in California, V Texas, I think, I think that's a Thomas concurrence. Yes, I think that's a Thomas concurrence with of course the three Democratic nominated justices in the majority along with Roberts, Barrett and Kavanaugh.

2:29.0

Two of the three Trump appointees voted to uphold Obamacare. So that was one and we're going to talk about it. And the other one was Fulton versus Philadelphia.

2:40.0

And that case was unanimous ish, which is remarkable. So that means it was nine justices concurred in the outcome and the result of the case on behalf of upholding the religious Liberty of Catholic social services.

2:58.0

On pretty limited grounds, we're going to talk about that. We're going to talk about that. But again, that can found it a lot of people. So in other words, Kagan, Briar and Sotomayor and Sotomayor voted with Catholic social services in this case.

3:17.0

So there's so much to talk about on the outcome of the cases. There's a lot to talk about with the reasoning of the cases. And there's so much to talk about with the alignment of these cases. Let's start.

3:32.0

So wait, David. What? What? You forgot our, our little, you know, stepchild here.

3:42.0

Nestle USA Inc. B. Doh. That's right. The alien torts statute. Right. Yes. There were three cases decided today. And will table Nestle, I think, will table big win for child slave traffickers.

4:02.0

That would be the top line headline. And we'll just leave that as a teaser for Monday. How about that? Sounds good. Sounds good. Okay.

...

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