Fla. v. Dept. of Health and Human Services & Nat'l Fed. of Ind. Business v. Sebelius - Severability - Post-Argument SCOTUScast

SCOTUScast 03-30-12 featuring David Rivkin and Ian Millhiser

March 30, 2012

David B. Rivkin, Jr., Ian Millhiser

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  Fla. v. Dept. of Health and Human Services & Nat'l Fed. of Ind. Business v. Sebelius - Severability - Post-Argument SCOTUScast - MP3
Running Time: 00:27:29


Ian Millhiser
David RivkinOn March 28, 2012, the Supreme Court heard oral argument in Fla. v. Dept. of Health and Human Services and Nat'l Fed. of Ind. Business v. Sebelius, two of the three cases before the Court involving the Patient Protection and Affordable Care Act of 2010, sometimes referred to as Obamacare or the Healthcare Act.  Both cases raise the question whether, if the individual mandate requiring Americans to obtain health insurance or pay a penalty is deemed unconstitutional, the remainder of the Healthcare Act still survives.  This is commonly referred to as a question of severability.

Both cases further raise the question whether Congress can lawfully withhold federal Medicaid funds from States that do not comply with the requirements of the Healthcare Act, or whether this amounts to unlawful coercion.  That issue will be the subject of a separate podcast.

To discuss the issue of severability, we have David Rivkin, who is a Partner at Baker Hostetler, and Ian Millhiser, who is a policy analyst at the Center for American Progress.

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Related Links

Health Care in the Supreme Court
Oral Argument Transcript - March 28, 2012 (PDF)