On September 27, 2016, the Georgetown Federalist Society chapter hosted an engaging discussion on “Supreme Court Advocacy in the Obamacare Case.” This was a followup to a similar discussion held at Georgetown in 2013 on my first book, Unprecedented. This event focused on Hobby Lobby, King v. Burwell, and Little Sisters of the Poor. Adam Liptak moderated a discussion, that included me, Mike Carvin (who argued King v. Burwell), Erin Murphy (who worked on Hobby Lobby and Little Sisters), and Marty Lederman (who has briefed and blogged about these cases). Adam tried (as best as he could) to keep the attorneys talking about advocacy, without devolving into what “established by the state” means. I offered a preview on the Volokh Conspiracy from Unraveled about Carvin’s advocacy in the tax subsidies litigation, which is worth a study.

Enjoy!