As Day 3 Dawns, Where the Battle for ObamaCare Stands
Supreme Court could well strike down controversial law
By Kevin Spak, Newser User
Posted Mar 28, 2012 7:05 AM CDT
Updated Mar 28, 2012 7:53 AM CDT
Security stands watch as people come out from the U.S. Supreme Court after the second day of oral arguments have finished March 27, 2012 in Washington, DC.   (Getty Images)

(Newser) – Yesterday's oral arguments in front of the Supreme Court went well for opponents of President Obama's health care law. "The government had in my view as bad a day as it reasonably could," the founder of SCOTUSblog says. "It won't cause the government to have a complete cardiac arrest—they'll just be nauseous for months." But here's what Politico is taking out of the proceedings, as today's final arguments loom:

  • It's Roberts or Kennedy: If Obama's going to get a fifth vote, it's going to be from John Roberts or Anthony Kennedy—and both sounded skeptical of the individual mandate yesterday.

  • No mandates for broccoli: If liberals want a shot to get either Roberts or Kennedy, they'll have to craft an argument that closes the door on government mandates for other products—say leafy greens, gym memberships, or even cell phones—in what Sonia Sotomayor termed a "parade of horribles."
  • Donald Verrilli sort of blew it: The solicitor general stumbled out of the gate, and while it wasn't a total disaster, liberal justices sometimes had to jump in to reframe his arguments. Opposing litigator Paul Clement, meanwhile, gave "the argument of his life," one observer said.
  • So much for conventional wisdom: Legal pundits had been saying for months that the Court would breezily uphold the law—former solicitor general Charles Fried said he'd eat his hat if it was struck down. He may want to keep some ketchup handy, Politico notes.
Click for more takeaways from Politico.

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Showing 3 of 16 comments
roadhog
Mar 28, 2012 9:34 AM CDT
This law will be struck down and that will save obama from himself.
Buckshot
Mar 28, 2012 9:29 AM CDT
I tell you it was very disappointing hearing conservative judges spouting conservative campaign rhetoric yesterday in their questioning. They must not realize what health care night mares are living in America. They obviously don't care that our health care system is now ranked 36th in the world ranking. If you think this in anyway paves a road to a conservative victory your fantasizing. Conservatives will lose both houses and the presidency and then the people will get decent health care..
KeyserSoze
Mar 28, 2012 8:40 AM CDT
I fully support the POTUS, but I hope this healthcare reform gets knocked down. I'm getting sick & tired of all the BS going around. Broccoli?? Give me a break!! Then we should start over again and make SINGLE PAYER the top priority of any health care reform in the future