As Day 3 Dawns, Where the Battle for ObamaCare Stands

Supreme Court could well strike down controversial law

By Kevin Spak,  Newser Staff

Posted Mar 28, 2012 7:05 AM CDT | Updated Mar 28, 2012 7:53 AM CDT

(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.

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.
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)
« Prev« Prev | Next »Next » Slideshow
My TakeCLICK BELOW TO VOTE
7%
4%
2%
38%
43%
5%
To report an error on this story, notify our editors.

NEWS FROM OUR PARTNERS
Other Sites We Like:   The Street   |   24/7 Wall St.   |   BuzzFeed   |   Cracked   |   World History Project   |   POPSUGAR Tech   |   Business Insider   |   HuffPost Entertainment