OA114: Presidential Powers – Obamacare and the Travel Ban

Today’s rapid-response episode begins with an update on the Allergan patent licensing scheme discussed in Episode 107.  What does a federal judge think of this One Weird Trick to avoid certain legal proceedings?  Listen and find out!

Next, our main segment looks at Donald Trump’s efforts to undermine Obamacare from the Oval Office.  Does this violate the Constitution?  Is there anything we can do about it?  The answer might surprise you!

After that, we continue the theme by looking at the two recent injunctions handed down by U.S. District Courts in Hawaii and Maryland regarding the third iteration of President Trump’s Travel Ban.

Finally, we end with a new Thomas Takes the Bar Exam Question #46 about prenuptial agreements.  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent Appearances

Thomas was on Episode 60 of the “Atheists on High” podcast; give it a listen!

Show Notes & Links

  1. We first discussed the Allergan patents for Restasis back in Episode 107, along with no other controversial things at all.
  2. The court’s opinion regarding Allergan’s joinder of the native American tribe can be found here; and the main opinion on the validity of the patent can be found here.
  3. This is a link to the Vox article by Prof. Gluck alleging that Trump has violated the “Take Care” clause of the Constitution.
  4. The Nixon-era case we discuss is Train v. City of New York, 420 U.S. 35 (1975).
  5. This is the text of Presidential Proclamation 9645 (“EO-3”).
  6. Here is a link to the Hawaii opinion; and here is a link to the Maryland opinion.

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