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How Conservatives Should View Obamacare Ruling and the Role of the Judiciary Ep. 322

How Conservatives Should View Obamacare Ruling and the Role of the Judiciary Ep. 322

FromConservative Review with Daniel Horowitz


How Conservatives Should View Obamacare Ruling and the Role of the Judiciary Ep. 322

FromConservative Review with Daniel Horowitz

ratings:
Length:
71 minutes
Released:
Dec 17, 2018
Format:
Podcast episode

Description

Conservatives were greeted with euphoric political news late Friday when a Texas judge ruled Obamacare is unconstitutional. This is a great potential political victory, but is this the sort of legal outcome we believe in as supporters of constitutional supremacy over judicial supremacy?

This is a complicated question with multiple principles, facts, and outcomes being true at the same time. Judge Reed O’Connor was justified in issuing this ruling based on precedent in the higher courts on rules of standing and severability. However, I don’t agree with these precedents, and I think we need to tighten up the rules on these practices, irrespective of the outcome, because they violate Article III. I go in-depth in this case and explain when judicial review is appropriate and what it means, as distinct from judicial supremacy.

Finally, I update you on jailbreak and how a new CBO score exposes the foundational lie of its proponents. 

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Released:
Dec 17, 2018
Format:
Podcast episode

Titles in the series (100)

In Washington, politicians are full of half-truths and hot air. They do little more than grandstanding by spouting off talking points and spin. The Conservative Review with Daniel Horowitz is here to help you cut through the rhetoric and noise and explore the politically right way to think about the issues .