Pratik Shah Talks SCOTUS Obamacare Case on Bloomberg Law Podcast

November 16, 2020

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Akin Gump Supreme Court and appellate practice co-head Pratik Shah appeared on Bloomberg Law’s Cases and Controversies podcast to discuss California v. Texas, a case argued before the U.S. Supreme Court on November 10 that involves a number of issues related to the Affordable Care Act (ACA), including the constitutionality of its so-called individual mandate and whether that provision is severable from the rest of the ACA (or whether the entire ACA must fall).

Shah, who represents America’s Health Insurance Plans in support of the Affordable Care Act in this litigation, discussed the unlikelihood of the Court striking down any part of the ACA beyond the individual mandate.  Among other things, he provided insight into Chief Justice Roberts’ and Justice Kavanaugh’s strong statements endorsing severability both during oral argument and in two cases during the preceding Term. He also discussed how determination of standing could play out in this case given the various theories proffered by the state and individual challengers.

To hear the full episode, with Shah’s segment beginning at 10:12, click here.

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