Summary: On Wednesday, March 28, the U.S. Supreme Court concluded oral arguments in Florida v. HHS, better known as the Obamacare case. The federal courts below split on the constitutionality of the health care reform act. Wednesday's arguments focused on severability and the Medicaid coercion argument. Professor Randy Barnett reported from the Courthouse steps on exactly what transpired. Assuming, arguendo, that the Court finds some part of the Act unconstitutional, will it sever that part and preserve the balance of the statute, or will the entire statute fall? Will Wednesday's severability argument reveal anything about how the Court, or any individual justice, might rule on constitutionality? Does the design of the Act unconstitutionally coerce states by adding to the Medicaid rolls? Professor Barnett discussed these and other questions in this special Teleforum call.
