The Federalist Society has now released the tone of the Teleforum I shared with them on the November 10th California Supreme Court hearing against Texas, the Obamacare “severability” case. It’s available here.
In the Teleforum, I will address all three issues raised by the judges: separability, prestige and constitutionality of the remnants of the individual health insurance mandate after Congress set the penalty for non-compliance to zero in 2017. I also talk about the role of consensus between the elite and the experts in influencing the Court, as I probably did in this case on the issue of severability.
I wrote about the hearing here. In this post I also include a description of the history of the case and links to my previous writings on it.