Follow Nicole as she live blogs Day 3 of Oral Arguments with other health policy experts: http://www.nationalreview.com/critical-condition/294617/obamacare-supreme-court-live-blog-day-three-avik-roy
Follow Nicole on Twitter during The Supreme Court Oral Arguments: @nic_fisher
Tuesday morning saw what could be a big shift in deciding the constitutionality of the individual mandate, the most controversial part of the President’s 2010 Patient Protection and Affordable Care Act (PPACA). The morning began with the Solicitor General Donald Verrilli delivering support for the government’s argument that the mandate does not force people to purchase health care, but instead simply regulates how and when care will be paid for.
From there, many would argue the day just went downhill for the Obama Administration. Justices quickly took to their corners, asking tough questions (except for Thomas who was silent as usual) and making most of their opinions known. The two justices, however, that have caused a lot of consternation among policy wonks and Washington insiders were Justice Kennedy and Chief Justice Roberts. Kennedy was clearly skeptical of the government’s argument and asked questions targeting whether Congress could create commerce, which is very different from regulating commerce.
As the day progressed, arguments were also heard from former Solicitor General Paul Clement and Supreme Court practitioner Michael Carvin. These two men presented different arguments challenging the individual mandate’s constitutionality, with Clement speaking on behalf of the 26 states amicus and Carvin speaking on behalf of the National Federation of Independent Business. Although questions became tougher throughout the two hours and the room was often tense, there was also relevant comic relief in the chamber as the justices related many questions to previous cases regarding broccoli, exercise, burial fees, and cars.
The third and final day of oral arguments should be very interesting as the High Court will now be hearing arguments about the severability of the individual mandate from the rest of PPACA and whether the expansion of Medicaid infringes on states’ rights. Stay tuned for more updates, including the closing remarks of attorneys, transcripts of the proceedings, and audio from the chamber.
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Tuesday’s Supreme Court Transcript and Audio: http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-398-Tuesday
