The Supreme Court Weighs In on Obamacare - Emily Bazelon

  • Aired:  03/28/12
  •  | Views: 14,639

Luckily, Emily Bazelon wasn't arguing for Obamacare's individual mandate in the Supreme Court, because she might have won. (5:33)

ROUND-THE-CLOCK, 24-HOUR DIRT.

( LAUGHTER ) WELL, ONCE AGAIN, THIS DECISION COMES DOWN TO JUSTICE ANTHONY KENNEDY.

HE WAS THE SWING VOTE ON SOME BIG CASES -- "CITIZENS UNITED,"

"BUSH V. GORE," "ALIEN V.

PREDATOR." ( LAUGHTER ).

, A LANDMARK CASE THAT FOUND YOU COULD NOT BURST OUT OF SOMEONE'S CHEST WITHOUT A WARRANT.

AND THIS TIME, IT LOOKS LIKE KENNEDY IS SWINGING TO THE RIGHT.

>> HERE THE GOVERNMENT IS SAYING THAT THE FEDERAL GOVERNMENT HAS

A DUTY TO TELL THE INDIVIDUAL CITIZEN THAT IT MUST ACT, AND THAT CHANGES THE RELATIONSHIP OF

THE FEDERAL GOVERNMENT TO THE INDIVIDUAL IN A VERY FUNDAMENTAL WAY.

>> Stephen: YES.

I MEAN, IF THEY CAN TELL TO US BUY HEALTH INSURANCE, THAT COMPLETELY DESTROYS THE IDEA OF

LIMITED GOVERNMENT BECAUSE RIGHT NOW, ALL THE GOVERNMENT CAN DO IS TAX ME, DRAFT ME, PUT ME IN

JAIL, OR DECLARE ME AN ENEMY COMBATANT AND THEN EXECUTE ME WITHOUT TRIAL USING A FLYING DEATHBOT.

BUT MAKING ME EAT BROCCOLI?

( LAUGHTER ) I THINK WE'D ALL RATHER DIE FROM A PREVENTABLE DISEASE.

AND HERE TO TELL ME IF I STILL HAVE THE RIGHT TO DO THAT,

PLEASE WELCOME "SLATE" LEGAL EDITOR AND PODCAST SUPER STAR,S CAN BASIS.

STAR,

EMILY BAZELON.

EMILY, THANK YOU SO MUCH FOR JOINING ME.

EMILY, AM I RIGHT?

IS THE MANDATE D.O.A.?

>> NO, ARE YOU WRONG.

>> Stephen: WHAT DO YOU MEAN?

>> THAT WAS ORAL ARGUMENT.

THEY PLAY AROUND WITH IDEAS.

THEY TALK.

WE GOT TO THE END OF IT.

>> Stephen: BUT COME ON!

EVERYONE ON TV IS SAYING THAT THE MANDATE IS DEAD.

>> AND HAPPY FLEE LEE WE DON'T DECIDE SUPREME COURT CASES JUST

BASE ON THE SOUND BITES THEY PLAY ON TV.

>> Stephen: OH, REALLY?

THAT'S THE WORLD YOU WANT TO LIVE IN?

>> IT'S THE WORLD I DO LIVE IN.

>> Stephen: REALLY, REALLY?

YOU WOULDN'T LIVE THERE IF YOU HAD YOUR OWN TV SHOW.

( LAUGHTER ).

OKAY?

TRUE?

WE WOULD MISS THAT-- WILL YOU ADMIT THAT, COUNSELOR?

>> I ADMIT THAT --

>> Stephen: I ACCEPT YOUR APOLOGY.

LET'S JUST SAY I'M RIGHT BECAUSE THAT'S WHAT WE'RE GOING TO EDIT OUT.

LET'S JUST SAY I'M RIGHT.

IF THE MANDATE'S GONE, WHAT-- WHAT-- WHAT DOES THAT DO TO THE REST OF LAW?

IS IT ALL GONE IF THE MANDATE GONE?

>> THE CHALLENGERS TODAY SAID OOTDZ ALL GONE, GOOD-BYE LAW,

ALL 2700 PAGES.

BUT THE GOVERNMENT SAID YOU GET TO KEEP THE LAW EXCEPT FOR THE GOOD PARTS THAT COVER

PREEXISTING CONDITIONS -- INSURERS HAVE TO COVER THEM AND SAY THAT INSURERS CAN'T REJECT

ANYONE ANYMORE.

>> Stephen: WHAT'S THE VIBE FROM TODAY?

HOW ARE THE JUSTICES COMING DOWN ON BEING ABLE TO SEVER THE MANDATE AWAY FROM THE REST OF

THE LAW OR KICKING THE WHOLE THING OUT THE DOOR?

WHAT'S THE FIELD?

>> YOU KNOW, IT WAS SO CONVOLUTED AND UNCLEAR WHAT TO DO.

IT WAS LIKE, MAYBE WE WANT TO KEEP THE MANDATE AFTER ALL SO WE DON'T HAVE TO GO DOWN THE ROAD

OF THE OTHER 2700 PAGES.

>> Stephen: WHAT DID YOU THINK OF VIRILEY'S ARGUMENTS?

>> I DID NOT THINK HE DID WELL.

>> Stephen: YOU'RE LIBERAL,

RIGHT, "SLATE," YOU'RE LIBERAL.

YOU AND YOUR LIBERAL COMMIE PALS, DID YOU LISTEN TO THAT AND JUST THINK, "LET ME IN THERE!

I'VE GOT AN ARGUMENT FOR BROCCOLI."

>> I'M NOT THAT GOOD A LAWYER BUT I DID FEEL LIKE JUSTICE GINSBERG AND --

>> Stephen: YOU'RE NOT THAT GOODAVE LAWYER?

WHY ARE YOU MY GUEST?

I WANT THE GOOD PEOPLE.

>> WELL, YOU'LL HAVE TO TALK TO YOUR PRODUCERS ABOUT THAT.

>> Stephen: WHAT WOULD YOU HAVE SAID?

I HAVE A FEW ARGUMENTS FOR THE BROCCOLI THING.

>> I'LL GIVE YOU MINE.

MINE IS WE DON'T HAVE A NATIONAL DYSFUNCTIONAL MARKET FOR BROKELY.

PEOPLE AREN'T COMING FROM CONNECTICUT TO MASSACHUSETTS,

NOT EATING THEIR BROCCOLI,

SHOWING UP AND DEMANDs THE PEOPLE IN THE NEW STATE SPEND MILLIONS OF DOLLARS TO DEAL WITH

THE FACT THEY HAVEN'T HAD THEIR BROCCOLI.

>> Stephen: RIGHT, AND FIDON'T BUY BROCCOLI, IT DOESN'T RAISE THE PRICE OF YOUR BROCCOLI.

>> RIGHT.

>> Stephen: AND IF WE DON'T BUY INTO THE BROCCOLI POOL IT

DOESN'T GET RID OF ALL BROCCOLI EVENTUALLY.

AND WE AREN'T THE ONLY INDUSTRIAL COUNTRY THAT DOES NOT PROVIDE UNIVERSAL BROCCOLI CARE.

>> RIGHT, RIGHT, EXACTLY.

>> Stephen: ANOTHER BUT I'M GLAD YOU AND I WEREN'T THERE TO

MAKE THAT ARGUMENT OR ELSE HE MIGHT HAVE WON.

>> HE MIGHT HAVE.

IT WOULD HAVE BEEN GOOD IF SOMEONE COULD HAVE JUST KILLED THE BROCCOLI ARGUMENT RIGHT THERE.

>> Stephen: IS IT NICE TO THINK THAT WE'RE SMARTER THAN SOLICITOR GENERAL?

>> IT IS NICE.

I DON'T EVEN I FEEL THAT WAY,

BUT I BET YOU MIGHT.

( LAUGHTER ).

( APPLAUSE )

>> Stephen: YOU-- YOU'VE WATCHED THIS SHOW.

IF OBAMACARE GOES OUT, IF IT'S DEAD, HAVE WE FINALLY KILLED THE

SOCIALIST PIPE DREAMS OF KEEPING POOR PEOPLE ALIVE?

( LAUGHTER ) WELL, WE'RE STILL GOING TO HAVE SOCIAL SECURITY.

WE'RE STILL GOING TO HAVE MEDICAID.

WE'RE STILL GOING TO HAVE MEDICARE.

IN THOSE CASES THE GOVERNMENT TAKES IN TAXES AND GIVES A BENEFIT AND NO ONE IS ARGUING

THEY CAN'T DO THAT ANYMORE.

THIS IS JUST ABOUT THE METHOD OF RECEIVING AND CONVEYING THE BENEFITS, THE IDEA OF MAKING

PEOPLE BUY PRIVATE INSURANCE,

WHICH WAS, OF COURSE, SUPPOSED TO BE A FREE-MARKET SOLUTION TO A BIG PROBLEM.

>> Stephen: UH-HUH, UH-HUH.

WHO WON?

DID THE OBAMA PEOPLE WIN OR DID THE STATES WHO ARE TRYING TO GET RID OF OBAMACARE WIN?

>> THE STATES ARE ON SECOND, AND THE OBAMA PEOPLE ARE, LIKE,

TRYING TO STEAL A BASE TO CATCH UP, I WOULD SAY.

>> Stephen: THE STATE IS ON SECOND, UNDER THE SHIRT, OVER THE BRA?

( LAUGHTER ) ( APPLAUSE ) THAT'S PRETTY GOOD.

THANK YOU SO MUCH, EMILY.

>> THANK YOU ( CHEERS AND APPLAUSE ).

>> Stephen: "SLATE'SES" CAN

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