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What Next | Daily News and Analysis

This Bad Legal Argument Could Finally End the ACA

What Next | Daily News and Analysis

Slate

News, Daily News, News Commentary, Politics

4.62.3K Ratings

🗓️ 12 July 2019

⏱️ 20 minutes

🧾️ Download transcript

Summary

This week, an appellate court in New Orleans heard oral arguments on the constitutionality of the ACA. The argument? That Obamacare is more coercive without a tax penalty. This position - one that has lawyers on both sides of the isle scratching their heads - may end up at the Supreme Court. Could this bad legal argument spell the end of the line for Obamacare? Podcast production by Mary Wilson, Jayson De Leon, and Ethan Brooks. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

I am so over this situation, Peter. I'm unbumble to find something real. You know, like someone

0:07.5

you can count on, someone who actually cares about what you think. I just want someone

0:12.5

who's ready for that long-term kind of love. Whether you're looking for your next boyfriend,

0:18.9

girlfriend, casual date or just someone who truly getscha, it's waiting for you unbumble.

0:25.6

Nick Bagley became an expert on healthcare in a sort of backwards way. He studies administrative

0:37.6

law, regulation, how the government works. And so I thought, well, gosh, maybe the affordable

0:44.0

character be an interesting statue to learn about. Maybe healthcare is a fruitful domain

0:49.7

for people who do my kind of law. There didn't seem to be a lot of people doing it.

0:54.4

He thought Obamacare would be a temporary academic diversion.

0:58.6

I didn't realize, and I think very few people realized when the affordable character

1:02.6

was adopted, just how contentious it would continue being. I think there was an assumption

1:06.8

on both the left and the right that once it was fully implemented and the benefits started

1:11.6

to flow, that it'd be very hard to dislodge and that, frankly, the political system would

1:18.3

kind of move on to other battles. And so far, at least, that hasn't seemed to happen.

1:25.0

It may still happen, but if so, I don't know when.

1:35.2

The Battle Over Healthcare continued this week. This time, the Affordable Care Act was being

1:39.8

hashed out in a Louisiana courtroom. Long story short, Obamacare seems like it's about

1:45.2

to have another near death experience. Existential threats to healthcare have become so routine

1:51.5

that it's easy to stop paying attention to them, what they mean, who they might impact.

1:58.1

But Nick thinks about that all the time.

2:00.6

Yeah, I mean, it was notable in oral argument just how little attention was paid to the practical

2:07.6

effect of a judgment invalidating the Affordable Care Act. There was no discussion of how many

...

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