The GOP Is Using the Courts to Do What Congress Couldn't: Repeal the ACA

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4.8 • 616 Ratings

🗓️ 28 March 2019

⏱️ 31 minutes

🔗️ Recording | iTunes | RSS

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Summary

In a new filing this week, President Donald Trump's Justice Department declared that it wants the courts to strike down the entirety of the Affordable Care Act as unconstitutional. This comes on the heels of a recent district court decision making the same argument by U.S. District Court Judge and noted malcontent Reed O'Connor. Jess and Imani explain this new strategy, the legal errors underpinning it, and its odds of success in the Era of Kavanaugh.

Transcript

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0:00.0	Hello, fellow law nerds.
0:08.9	Welcome to another episode of Boom Lawyer, a rewired.
0:12.2	Dot News podcast hosted by the legal journalism team that is very excited that this is our 50th episode.
0:19.9	Boo-p-p-p-p-p bu, bu. Yay! I'm I'm Imani Gandhi. And I'm Jess Piclo. Rewire. News is dedicated to bringing you the best reproductive rights and social justice news, commentary, and analysis on the web, and the Team Legal podcast is part of that mission. So a big thanks to our subscribers and a welcome to our new listeners.
0:38.6	So the Department of Justice this week announced in a court filing that it would no longer
0:43.6	defend the Affordable Care Act, aka Obamacare, against claims for the literal 11th billion
0:51.2	time by conservatives that the law is unconstitutional. It's the latest ridiculous and
0:57.2	political about face from Trump's Justice Department. And in this episode, we're going to talk about
1:02.4	the Republican lawsuit challenging the ACA. We're going to explain just what's at stake in this
1:07.8	challenge. And we're going to talk about why Chief Justice John Roberts
1:11.4	may be the only one to save us from this totally bonkers legal challenge succeeding.
1:17.8	John Roberts going to save us, Jess.
1:20.5	I know.
1:21.3	Yikes.
1:26.6	Amani, can you believe that the ACA is nearly a decade old and Republicans have spent all of that time challenging it in court and, you know, mostly losing?
1:38.0	Yeah, mostly losing until now that is.
1:40.4	Right.
1:41.0	A group of states led by Texas and in addition to individual plaintiffs asked the judge
1:46.0	to wipe the ACA off the books. And that judge, noted whack job, Reid O'Connor, said,
1:52.5	hey, sure, why the hell not? I mean, really, this latest challenge is truly their most unhinged yet
1:58.0	and it has to do with our old friend the individual mandate.
2:02.0	Remember the individual mandate, Amani?
	...

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