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The Libertarian Podcast: Oral Arguments in the Obamacare Case
Earlier this week, Professor Epstein and I taped an episode of The Libertarian podcast anticipating the Supreme Court’s oral arguments in King v. Burwell, the case regarding Obamacare subsidies. Now that the advocates and the Justices have had their say, we’re returning to examine what happened on Wednesday in Washington. Earlier this week, Richard predicted a 5-4 ruling against the Obama Administration. He’s a little less confident after the arguments. Listen in below (or subscribe to The Libertarian via iTunes or your favorite podcast app) to find out why:
Published in General
As far as I know there’s nowhere in the statute where it actually comes out and says clearly that subsidies will only be given to citizens of states that have an exchange. If there were, the case wouldn’t have gotten this far. The wording that is cited in support of that meaning is more of an oblique reference. Its as if whoever wrote that part of the statute accidentally left something out. So the part of me that is a fan of strict construction is kind of unexcited about this; either way it goes is okay with me. But the policy conservative part of me sort of hopes that the liberal interpretation is upheld. I would rather have the current already unpopular version of Obamacare in place to fight against than to complicate the issue in a way that can act as a trap for Republicans, when millions of people lose their newly acquired insurance and liberals successfully demagogue the issue blaming it on Republican challengers of Obamacare.