The oral arguments did provide the first (and only) public venue for the Court to question the assertions attorneys from both sides were making about the issues at hand. So court watchers and stakeholders alike set about reading the tea leaves, trying to divine from lines of questioning or tones of voice how the justices might be leaning.
Texas Attorney General Greg Abbott, a vocal critic of the ACA and a party in the legal challenge, released a statement after Tuesday’s argument on the individual mandate, portraying confidence that a majority of justices appeared to side with the states.
“Bottom line is it looks like a very strong day for the Texas case in front of the U.S. Supreme Court,” Abbott said. “The justices seemed to largely agree with the position the state has taken all along, and that is that Obamacare changes the fundamental relationship between the government and individual.”
Florida Attorney General Pam Bondi, whose state filed the lawsuit with which all others were consolidated, shared Abbott’s outlook.
“I was encouraged by the justice's questions, especially the ones that exposed the federal government's inability to identify any meaningful limits on Congress's power,” Bondi said in a statement. “As the states have argued all along, if the federal government can compel citizens to purchase health insurance they do not want, then it can force us to purchase anything."
Jeffrey Toobin, a respected legal analyst for The New Yorker and CNN, walked out of Tuesday’s argument with the impression that the mandate was “in grave, grave trouble.”
Train wreck for @barackobama in #supremecourt today. — Jeffrey Toobin (@JeffreyToobin) March 27, 2012
After Wednesday’s hearing on the ACA’s Medicaid expansion, though, Toobin saw better signs for the Obama administration on that provision.
At #scotus, finally a decent hour for @barackobama on medicaid expansion. — Jeffrey Toobin (@JeffreyToobin) March 28, 2012
New update posted.Paul Clement gave the best argument I've ever heard.No real hard questions from the right. Mandate is in trouble. — SCOTUSblog (@SCOTUSblog) March 27, 2012
I've posted a second Medicaid argument update.The Court extended the argument. So far, the Medicaid extension looks safe, as expected. — SCOTUSblog (@SCOTUSblog) March 28, 2012
Check out why folks across the country support the Affordable Care Act—then share your own reason with #ILikeObamacare: t.co/chJFOJan — Barack Obama (@BarackObama) March 27, 2012
“The Affordable Care Act has helped to provide a fundamental necessity to the people we serve,” Connecticut Rep. Elizabeth Ritter said in a statement. “Our struggle will not stop until we find solutions to ensure that children and families have access to the healthcare they need. I am proud to be a strong supporter of the Healthcare Act and will remain committed to this issue for as long as it takes.”
For now, though, everyone must wait.