On Tuesday, a three-judge panel of the Fifth U.S. Circuit Court of Appeals heard arguments over whether the repeal of the tax penalty for refusing to buy health insurance makes the entire Affordable Care Act unconstitutional.
Texas is leading a coalition of states trying to get the law declared unconstitutional. Rob Henneke of the Texas Public Policy Foundation is arguing for the law to be struck down on behalf of individual Americans. In December, a federal district judge in Texas agreed that the end of the tax penalty meant that all of Obamacare ought to be struck down. Liberal states then appealed to the Fifth Circuit.
What happened in the oral arguments before the appellate judges? Where did the judges focus most of their questions? How did they respond to the argument that only Congress, and not courts, can do away with the law?
We discuss all of this with Rob Henneke and ask whether he thinks he can win over Chief Justice John Roberts if and when the case reaches the Supreme Court.