Here’s this morning’s audio from the arguments in the Affordable Care Act challenge at the U.S. Supreme Court:
Most of the major experts on the Supreme Court seem to be suggesting whatever way the issue goes, it’ll be a 5-to-4 decision.
At SCOTUSblog, Tom Goldstein kept an eye on Justice Kennedy, considered by many to be the likely swing vote.
Towards the end of the argument the most important question was Justice Kennedy’s. After pressing the government with great questions Kennedy raised the possibility that the plaintiffs were right that the mandate was a unique effort to force people into commerce to subsidize health insurance but the insurance market may be unique enough to justify that unusual treatment. But he didn’t overtly embrace that. It will be close. Very close.
For the record, Justice Clarence Thomas did not ask a question at today’s hearing. He has not asked a question at the court in six years.