Obamacare Nonseverability Ruling Exposes Uncertainty in our Conception of Law

Cornell law professor Michael C. Dorf comments on the recent ruling by a federal district judge in Texas striking down the entirety of the Affordable Care Act and argues that the judge relies on a highly unorthodox (and erroneous) interpretation of the doctrine of “severability.” As Dorf explains, there is a notable lack of judicial consensus as to what courts actually do when they declare laws unconstitutional, despite that the Supreme Court established its power of judicial review over two centuries ago in Marbury v. Madison (1803).

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Obamacare Nonseverability Ruling Exposes Uncertainty in our Conception of Law is an episode from Justia Verdict Podcast | Legal Analysis and Commentary from Justia by Justia Inc.

This episode is 12:00 long.

This episode was published on Dec 21, 2018.

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