My Speech at Cato on the the Good, the Bad and the Ugly of the Obamacare Decision

Here is my speech at the Cato on Monday, where I ask whether the decision last week might be the prelude to our 1937. (My talk starts at 3:50 and ends around 18:00.  I have much to say about the tax power after the others speak.)

When I refer to 1935, I as actually referring to the 1936 Due Process case of West Coast Hotel that was decided 5-4, a theme I got from David Bernstein’s blog post, “Is this 1936?”  What is weird about this mistake is that I looked it up immediately beforehand to be sure I was right about the vote count.   Prior to that I was considering referring to the 1935 Commerce Clause case of  Schechter Poultry, but which was not a 5-4 decision.   Hence the silly transposition.  Other than this, everything I said was 100% correct.  ;-)

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