Law Talk With Epstein, Yoo, & Senik
Episode 51: Cracking The Code

Hosted by Troy Senik
Nov 5, 2013
Direct Link to MP3 File

Direct link to MP3 file

This week on Law Talk, Troy Senik and the professors take on the ACA, both constitutionally and tactically, and their prediction for its future. Can it be fixed or should it be dumped? Also, is spying on our allies wrong or is it more like gambling in Casablanca?  Finally, the contraception mandate, what is the standard for judges having to recuse themselves, and the fight over Obama’s D.C. Circuit “court packing”.

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  1. 2klbofun

    Just listened to Law Talk, probably my favorite of the Ricochet podcasts. I have to disagree with Prof. Epstein that the Republicans ought to help “fix” Obamacare.  The Republican line should be simple and consistent:

    While the Dems were cramming this ‘crap sandwich’ down Americans’ throats, the Reps were jumping up and down calling out the legislation.  However, in Pelosi’s words, we have to pass the law to find out what’s in it.  Well now we all know that it is a ‘crap sandwich’.  And the Dems want the Reps to help put ketchup on it to make it more palatable!  Even with the ketchup its still a ‘crap sandwich’.  I’m with Prof. Yoo, the only cooperation should be to fully repeal the thing and replace it with a free market solution where individuals can choose to buy a burger off the dollar menu or the foie gras and caviar plan — whichever suits their needs and budgets.

  2. swatter

    Didn’t listen to podcast. Saw comment above.

    Help ‘fix’? Someone is watching Chris Matthews and other MSNBC shows a leeeetle too much.

    I first heard this Democrat ‘meme’ last week- probably Chuck Todd making a comment that Dems can’t govern and Repubs won’t govern. That seems to fit the comment about helping ‘fix’.

    Tell you what. No person in their right mind can possibly be supportive of universal health care. Sure, these things can get ‘fixed’ but again, aren’t there dozens of new boards having to be created to regulate; aren’t there going to be ‘death’ panels; and most importantly, there is no mechanism on who is going to pay for this- QED: the middle class gets stuck.

    No, the only thing us anti-ACA is to govern by demanding a trashing of the ACA and rebuild with bi-partisan support. In my  mind, that is not fixing- it is eliminate (as in the Daleks- “eliminate, eliminate, eliminate” chant.

  3. Basil Fawlty

    Thanks for the Bobby Fuller.  Great song!  The rest of the podcast was also excellent.

  4. Sunlight

    Just wondering why Richard and John think Mike Lee and Ted Cruz made some kind of mistake, or ruined their careers? Amazing. The job of the GOP, during a Dem administration/majority, is to serve as “opposition.”  This basically is *the* first bit of GOP “opposition” that has appeared since ’07. The country collapses with a one-party dictatorship. And people like the lady with cancer will DIE at the dictators’ whim. I will campaign for and vote for Mike Lee and Ted Cruz all day long, as long as they will continue to oppose the Progressive Democrat machine.

  5. Paul Dougherty

    The Republicans should offer to work with the Democrats and lay out a plan for rebuilding the damage done. First step is repeal and start the process of bipartisan fixes to health care. Without repeal, no can do. As soon as the Republicans help “fix” the ACA, the “fix” will be what went wrong and the Republicans will be blamed. That is what the Democrats are desperately angling for at this stage. They know it is going to fail and they need the Republicans to be blamed, so they can be politically viable to install single payer. 

  6. ParisParamus

    Professor Epstein, you are brilliant, and clueless at the same time. 

    Thinking that Sens. Lee and Cruz have harmed themselves, and thinking the Shutdown was harmful is kind of like breaking someone’s arm or even giving them concussion in the process of pushing them out of the way of a grenade or oncoming train–and then just reacting as if the sustained injury while ignoring the mortal danger avoided.

    Cruz, Lee, and the Shutdown were fantastic to make it clear to low information voters just how opposed the GOP is to Obamacare.  And that will reap dividends once the horror of Obamacare is obvious to, say, 70% of the people (which is coming), as opposed to just 25% or 35%, which was the situation at the time of the Shutdown.

    The view that Lee, Cruz and anyone who advocated the Shutdown was harmed is absurd. 

    Something horrible, dangerous is about to take place, something you didn’t realize, at first, was horrible and dangerous.  Certain people protest, and whatever the odds, try to stop it.  They don’t succeed.  In what universe are such people looked down upon for trying to stop the horror, even if they failed?!

  7. swatter

    What Paris said. After listening, I was thoroughly impressed with the intellectual ‘opinions’ of the podders. The opinions fantastically stated and helped me in my eternal quest (in a former web site I was dubbed Don Quixote for years) to try to figure out the Establishment Republicans and their belief Cruz hurt the GOP.

    From Podhoretz to Goldberg to Mona to JRubin in addition to McC, et al in the Senate, I have been trying to understand the go along to get along strategy. Mr. Epstein said it in a way that advanced my knowledge.

    However, the main assumption seems to be that the opposition is also intellectual (as in Epstein’s life- an opposing attorney) and wars/battles can be won on intellect alone.

    So, this is where I differ from the Establishment types (don’t know if Mr. Epstein is Establishment, but it seems he has the talking points down and expresses them brilliantly). Politics is a contact sport and not just a battle on who has the best argument. Sometimes the best ideas lose to the Democrat emotional siren. Ergo, I still love the shutdown on emotional reasons over intellectual.

  8. Keith

    Here’s the link to the Federalist Society Debate Prof. Epstein references if anyone cares.

  9. Fred Williams

    I’m with 2k et al. I think  John has the politics right and the strategy.  If the ACA fails as Richard anticipates, Republicans can be ready with piecemeal proposals to improve the health care system.  Dems need to be humiliated over this ACA mess, if that’s even possible.  Repeal.  Period.

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