What does the Constitution really say about the most controversial policy decisions of the present day? What arguments against Obamacare have potential in court, and which are DOA?
Constitutional law experts Richard Epstein and John Yoo joined us to discuss these very issues. They examine the constitutionality of Obacamare through the lens of the “encroachment” argument (which has potential) and the “general welfare” argument, which they argue won’t work.
We also discuss CA’s Prop 8 and Judge Walker’s ruling that it violates the equal protection and due process laws in the Constitution. Yoo argues that the “right to gay marriage” is a new and invented right, and that while he is okay with gay marriage as a policy matter, a judicially imposed rule that overturns the majority of voters isn’t the way to get it done. Instead, Judge Walker essentially says that the majority of Californians are bigots .
Epstein and Yoo provide predictions for Supreme Court decisions, reflect on Bush v. Gore (ten years later!), and discuss the Supreme Court under John Roberts.
Here is the full episode:
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