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Supreme court health care case – live Supreme court health care case – live
(40 minutes later)
1.23pm: The audio and transcript (PDF) of today's hearing are now available at the Supreme Court's website.
1.09pm: Our correspondent Chris McGreal shares this reaction from a Republican senator who watched the hearing and came out happy with what he heard:
Senator Mike Lee, former supreme court clerk, after hearing arguments predicts court will strike down Obamacare
— Chris McGreal (@chrismcgreal) March 27, 2012
Lee says swing vote is Justice Kennedy who was very sceptical of legality of Obamacare in his questioning
— Chris McGreal (@chrismcgreal) March 27, 2012
12.55pm: Here's more dire soothsaying from CNN legal analyst Jeffrey Toobin (video via TPM):
This was a train wreck for the Obama administration," he said. "This law looks like it's going to be struck down. I'm telling you, all of the predictions including mine that the justices would not have a problem with this law were wrong... if I had to bet today I would bet that this court is going to strike down the individual mandate.
The New York Times has a similar take, albeit a notch more measured than Toobin's. "The questioning was, even by the standards of the garrulous current court, unusually intense and pointed." Even by the standards of the garrulous current court! Oh dear, the Times has sunk into its Victorian-era fainting couch.
12.38pm: Here's Mitt Romney from today's episode of the Hugh Hewitt radio show, giving what we may call a Romneyesque (i.e. weird) response to a question about whether he's the "godfather of Obamacare":12.38pm: Here's Mitt Romney from today's episode of the Hugh Hewitt radio show, giving what we may call a Romneyesque (i.e. weird) response to a question about whether he's the "godfather of Obamacare":
If I'm the godfather of this thing, then it gives me the right to kill it.If I'm the godfather of this thing, then it gives me the right to kill it.

Uhh...
Uhh...
12.23pm: Wow. The hearing's over and things are not looking good for health care reform:12.23pm: Wow. The hearing's over and things are not looking good for health care reform:
NBC's Pete Williams, post-SCOTUS, says on @msnbctv that he finds it "doubtful" the court will find the HC law constitutional.NBC's Pete Williams, post-SCOTUS, says on @msnbctv that he finds it "doubtful" the court will find the HC law constitutional.
— Mike O'Brien (@mpoindc) March 27, 2012— Mike O'Brien (@mpoindc) March 27, 2012
Toobin on #CNN: 'This law looks like it's going to get struck downToobin on #CNN: 'This law looks like it's going to get struck down
— Alexander Mooney/CNN (@AWMooneyCNN) March 27, 2012— Alexander Mooney/CNN (@AWMooneyCNN) March 27, 2012
Earlier Tom Goldstein at the invaluable SCOTUSblog shares his reaction after the Solicitor General's time before the bench: The justices' lines of questioning seemed to break down – you'll never believe this – along conservative and liberal lines:Earlier Tom Goldstein at the invaluable SCOTUSblog shares his reaction after the Solicitor General's time before the bench: The justices' lines of questioning seemed to break down – you'll never believe this – along conservative and liberal lines:
I left the Court to provide this update. We are halfway through the mandate argument; the SG is done. It is essentially clear that the four more liberal members of the Court will vote in favor of the mandate. But there is no fifth vote yet. The conservatives all express skepticism, some significant. They doubt that there is any limiting principle. But we'll know much more after the other side goes because arguments are often one-sided like this half way through.I left the Court to provide this update. We are halfway through the mandate argument; the SG is done. It is essentially clear that the four more liberal members of the Court will vote in favor of the mandate. But there is no fifth vote yet. The conservatives all express skepticism, some significant. They doubt that there is any limiting principle. But we'll know much more after the other side goes because arguments are often one-sided like this half way through.
But it doesn't seem to have gotten any less one-sided in the second half:But it doesn't seem to have gotten any less one-sided in the second half:
New update posted.Paul Clement gave the best argument I've ever heard.No real hard questions from the right. Mandate is in trouble.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— SCOTUSblog (@SCOTUSblog) March 27, 2012
12.18pm: Legal eagles have suspected for years now that Justice Antonin Scalia, based on record of opinions related to the Commerce Clause, might vote to uphold the PPACA. But according to early leaks, at least, he seems more disgusted with the law than anything:12.18pm: Legal eagles have suspected for years now that Justice Antonin Scalia, based on record of opinions related to the Commerce Clause, might vote to uphold the PPACA. But according to early leaks, at least, he seems more disgusted with the law than anything:
Scalia: "What is left? If the government can do this what can it not do?"Scalia: "What is left? If the government can do this what can it not do?"
— AdamSerwer (@AdamSerwer) March 27, 2012— AdamSerwer (@AdamSerwer) March 27, 2012
12.04pm: Here's more from Chris outside the Supreme Court:12.04pm: Here's more from Chris outside the Supreme Court:
Several things are striking about the protests outside the supreme court. The first is that while the few score of Tea Party supporters are all white and mostly middle aged, the hundreds of supporters of the president's health care reforms represent a much greater diversity of ethnicities and ages.Several things are striking about the protests outside the supreme court. The first is that while the few score of Tea Party supporters are all white and mostly middle aged, the hundreds of supporters of the president's health care reforms represent a much greater diversity of ethnicities and ages.
Also, the supporters of the reforms have appropriated "Obamacare" – originally intended as a derisive label by its opponents – and are now using it with enthusiasm.Also, the supporters of the reforms have appropriated "Obamacare" – originally intended as a derisive label by its opponents – and are now using it with enthusiasm.
But above all, while the Tea Party claims that it speaks for the country in opposition to the health care reforms, it is the supporters who have turned out in force at the supreme court.But above all, while the Tea Party claims that it speaks for the country in opposition to the health care reforms, it is the supporters who have turned out in force at the supreme court.
Among them is Holly Dolan, a "school health care educator", who came down from Pennsylvania because of her "frustration at the lack of understanding of the reforms."Among them is Holly Dolan, a "school health care educator", who came down from Pennsylvania because of her "frustration at the lack of understanding of the reforms."
"There's lots of misinformation. I really think people don't understand it. There are people who believe that abortion rights are in the law and they're not. People who think this is a government takeover of health care when it's all still private," she said. "These people here demonstrating against it are all going to benefit from the reforms. They're out here fighting against it because of this empty hollow rhetoric about being against the government.""There's lots of misinformation. I really think people don't understand it. There are people who believe that abortion rights are in the law and they're not. People who think this is a government takeover of health care when it's all still private," she said. "These people here demonstrating against it are all going to benefit from the reforms. They're out here fighting against it because of this empty hollow rhetoric about being against the government."
At that point, one of the opponents, Mike Sanford, marched up chanting: "Obamacare declares war on religion."At that point, one of the opponents, Mike Sanford, marched up chanting: "Obamacare declares war on religion."
11.30am: Our correspondent Chris McGreal has much more from the Tea Party rally:11.30am: Our correspondent Chris McGreal has much more from the Tea Party rally:
The Tea Party met its match outside the supreme court as one of its leaders in Congress, Michele Bachmann, was drowned out by supporters of "Obamacare".The Tea Party met its match outside the supreme court as one of its leaders in Congress, Michele Bachmann, was drowned out by supporters of "Obamacare".
Bachmann got off to a good start, declaring that even if the supreme court upholds the law, in what she called "one of the most important consequential decisions it will ever make," the battle is not over. "We let the American people know, we have not waved the white flag of surrender," she said. "Obamacare is the greatest expansion of federal power in the history of the country."Bachmann got off to a good start, declaring that even if the supreme court upholds the law, in what she called "one of the most important consequential decisions it will ever make," the battle is not over. "We let the American people know, we have not waved the white flag of surrender," she said. "Obamacare is the greatest expansion of federal power in the history of the country."
While there may be no surrender, Bachmann at times was clearly losing in the battle to be heard against hundreds of supporters of the health reform law who chanted "We love Obamacare" and "Health care not war".While there may be no surrender, Bachmann at times was clearly losing in the battle to be heard against hundreds of supporters of the health reform law who chanted "We love Obamacare" and "Health care not war".
Bachmann pressed on. "The (health care law) has not united us as a country. This bill has divided us more than ever. Look around you," she said. "We will stand, we will unite, we will repeal Obamacare".Bachmann pressed on. "The (health care law) has not united us as a country. This bill has divided us more than ever. Look around you," she said. "We will stand, we will unite, we will repeal Obamacare".
Other Tea Party-supporting members of Congress faced a similar challenge as they tried to demand that the supreme court overturn the health care law.Other Tea Party-supporting members of Congress faced a similar challenge as they tried to demand that the supreme court overturn the health care law.
Paul Brown, a congressman and doctor, said Obamacare is wrecking the country. "Obamacare is a destroyer. It's going to destroy health care. It's going to destroy the budget. We have to destroy Obamacare by repealing it."Paul Brown, a congressman and doctor, said Obamacare is wrecking the country. "Obamacare is a destroyer. It's going to destroy health care. It's going to destroy the budget. We have to destroy Obamacare by repealing it."
But the health law's supporters weren't having any of it. One woman, Yasemin Ayarci, briefly threw the Tea Party rally in to chaos when she managed to push herself in to hear and stand in front of the podium holding a sign with a portrait of Jesus on it. "What sick bastard would want to provide free health care," it said.But the health law's supporters weren't having any of it. One woman, Yasemin Ayarci, briefly threw the Tea Party rally in to chaos when she managed to push herself in to hear and stand in front of the podium holding a sign with a portrait of Jesus on it. "What sick bastard would want to provide free health care," it said.
This infuriated some Tea Party supporters, not least because many claim to be fervent Christians. A much larger man tried to assault Ayarci, 26, and had to be stopped by other Obamacare opponents.This infuriated some Tea Party supporters, not least because many claim to be fervent Christians. A much larger man tried to assault Ayarci, 26, and had to be stopped by other Obamacare opponents.
Ayarci then pulled out a megaphone and began chanting in support of the law before she was eventually squeezed out.Ayarci then pulled out a megaphone and began chanting in support of the law before she was eventually squeezed out.
Obamacare supporter, Yasemin Ayarci, in midst Tea Party rally at supreme courtgu.com/p/36f4k/tw via @guardian twitter.com/chrismcgreal/s…Obamacare supporter, Yasemin Ayarci, in midst Tea Party rally at supreme courtgu.com/p/36f4k/tw via @guardian twitter.com/chrismcgreal/s…
— Chris McGreal (@chrismcgreal) March 27, 2012— Chris McGreal (@chrismcgreal) March 27, 2012


11.21am: The Tea Party Patriots lectern from which GOP members of Congress are speaking outside the Supreme Court this morning is adorned with a picture of recently deceased provocateur/shouty person Andrew Breitbart.11.21am: The Tea Party Patriots lectern from which GOP members of Congress are speaking outside the Supreme Court this morning is adorned with a picture of recently deceased provocateur/shouty person Andrew Breitbart.
One of those speaking from said lectern this morning is the always ... entertaining... Rep. Louis Gohmert of Texas, who's not known for filtering out his worst ideas so much as he is for screaming them at full volume. Via The Hill, here's Gohmert commenting yesterday on why liberals should fear the rise of a "redneck" president:One of those speaking from said lectern this morning is the always ... entertaining... Rep. Louis Gohmert of Texas, who's not known for filtering out his worst ideas so much as he is for screaming them at full volume. Via The Hill, here's Gohmert commenting yesterday on why liberals should fear the rise of a "redneck" president:
It ought to scare liberals to come run and join conservatives, because what it means is when this president's out of the White House and you get a conservative in there, if this president has the authority under ObamaCare … to trample on religious rights, then some redneck president's got the right to say, 'you know what, there's some practices that go on in your house that cost people too much money and healthcare, so we're going to have the right to rule over those as well.'It ought to scare liberals to come run and join conservatives, because what it means is when this president's out of the White House and you get a conservative in there, if this president has the authority under ObamaCare … to trample on religious rights, then some redneck president's got the right to say, 'you know what, there's some practices that go on in your house that cost people too much money and healthcare, so we're going to have the right to rule over those as well.'
We'll get this translated to English shortly.
We'll get this translated to English shortly.
10.58am: It sounds like Justice Anthony Kennedy, the eternal "swing vote" on the bench, isn't taking it easy on the Solicitor General as the hearing starts. From the Wall Street Journal:10.58am: It sounds like Justice Anthony Kennedy, the eternal "swing vote" on the bench, isn't taking it easy on the Solicitor General as the hearing starts. From the Wall Street Journal:
Mr. Kennedy has been challenging Solicitor General Donald Verrilli to answer what the justice says is a "very heavy burden of justification" to show where the Constitution authorizes Congress to change the relation of the individual to the government.Mr. Kennedy has been challenging Solicitor General Donald Verrilli to answer what the justice says is a "very heavy burden of justification" to show where the Constitution authorizes Congress to change the relation of the individual to the government.
10.56am: Russian president Dmitri Medvedev has responded to Mitt Romney's allegation on CNN yesterday that Russia is "without question our number one geopolitical foe," with something between a laugh and a sigh (and a sneer):10.56am: Russian president Dmitri Medvedev has responded to Mitt Romney's allegation on CNN yesterday that Russia is "without question our number one geopolitical foe," with something between a laugh and a sigh (and a sneer):
I always get very cautious when I see a country resort to phrasings such as 'No. 1 enemy.' It is very reminiscent of Hollywood in a certain period of history," Medvedev said, through a translator, at the nuclear security summit in Seoul, South Korea. [...]I always get very cautious when I see a country resort to phrasings such as 'No. 1 enemy.' It is very reminiscent of Hollywood in a certain period of history," Medvedev said, through a translator, at the nuclear security summit in Seoul, South Korea. [...]
My other advice is to check their clocks from time to time," Medvedev said Tuesday. "It is 2012, not the mid-1970s. No matter what party a candidate represents, he has to take the current state of affairs into account."My other advice is to check their clocks from time to time," Medvedev said Tuesday. "It is 2012, not the mid-1970s. No matter what party a candidate represents, he has to take the current state of affairs into account."
10.39am: Chief Justice John Roberts uttered a line on Monday that's drawing attention from SCOTUS-watchers, as it could be perceived as him "tipping his hand" on the individual mandate: "The idea that the mandate is something separate from whether you want to call it a penalty or tax just doesn't seem to make much sense."10.39am: Chief Justice John Roberts uttered a line on Monday that's drawing attention from SCOTUS-watchers, as it could be perceived as him "tipping his hand" on the individual mandate: "The idea that the mandate is something separate from whether you want to call it a penalty or tax just doesn't seem to make much sense."
This goes right against the core of one of the opposition's main arguments: That the government is commanding people to purchase something they may not want – health insurance – and this is a strike against their liberty. But Roberts points out, this is basically an issue of semantics. It's just a tax or a penalty; the word "mandate" is, if anything, poor politics on the Obama administration's part, but not a difference-maker in terms of constitutionality.This goes right against the core of one of the opposition's main arguments: That the government is commanding people to purchase something they may not want – health insurance – and this is a strike against their liberty. But Roberts points out, this is basically an issue of semantics. It's just a tax or a penalty; the word "mandate" is, if anything, poor politics on the Obama administration's part, but not a difference-maker in terms of constitutionality.
But this could be an overread!But this could be an overread!
10.14am: Check out the hot scoop in Politico today: Mitt Romney is a rich person, with a big house.10.14am: Check out the hot scoop in Politico today: Mitt Romney is a rich person, with a big house.
10.00am: Good morning. This is Jim Newell again, prepared to bring you all the day's big political news. Perhaps you've heard that there's a rather important health care case being argued before the Supreme Court today? We'll be focusing on that, with reports from the field as developments occur. Today's hearing on the individual mandate is scheduled to begin at 10am.10.00am: Good morning. This is Jim Newell again, prepared to bring you all the day's big political news. Perhaps you've heard that there's a rather important health care case being argued before the Supreme Court today? We'll be focusing on that, with reports from the field as developments occur. Today's hearing on the individual mandate is scheduled to begin at 10am.
Here's Ryan Devereaux's summary, taking in what we're expecting from the court today, plus a roundup of news from the trail.Here's Ryan Devereaux's summary, taking in what we're expecting from the court today, plus a roundup of news from the trail.
Arguments in the Supreme Court case on healthcare reform turn to the red meat of the case today. Lawyers for the states challenging the Affordable Care Act will make the case that the individual mandate, which would force most people resident in the United States to sign up for health insurance, is unconstitutional. Tea Party Express activists will hold a press conference outside the court today, at which former presidential candidate Michele Bachmann is expected to speak.Arguments in the Supreme Court case on healthcare reform turn to the red meat of the case today. Lawyers for the states challenging the Affordable Care Act will make the case that the individual mandate, which would force most people resident in the United States to sign up for health insurance, is unconstitutional. Tea Party Express activists will hold a press conference outside the court today, at which former presidential candidate Michele Bachmann is expected to speak.
It appears Americans are beginning to tire of the longest war in US history. According to new poll from CBS News and the New York Times, a mere 23% of Americans believe the US is doing the right thing by fighting in Afghanistan, the lowest figure the poll has ever recorded. Sixty-nine percent of respondents believe the US should not be involved in Afghanistan, the highest total ever recorded by the poll. The issue is likely to play prominently in the general election campaign.It appears Americans are beginning to tire of the longest war in US history. According to new poll from CBS News and the New York Times, a mere 23% of Americans believe the US is doing the right thing by fighting in Afghanistan, the lowest figure the poll has ever recorded. Sixty-nine percent of respondents believe the US should not be involved in Afghanistan, the highest total ever recorded by the poll. The issue is likely to play prominently in the general election campaign.
In campaign news, the next primaries to vote are Wisconsin, Maryland and Washington DC, on Tuesday. When it comes to Wisconsin's airwaves, Romney has a 4 to 1 advantage over Rick Santorum. Politico reports the Romney campaign and his super PAC, Restore Our Future, are spending a combined $1,917,764 over the next seven days. As the Wisconsin primary enters its final week, Santorum's campaign is not on the air at all, leaving it up to his super PAC, the Red White and Blue Fund, to champion the former senator's message.In campaign news, the next primaries to vote are Wisconsin, Maryland and Washington DC, on Tuesday. When it comes to Wisconsin's airwaves, Romney has a 4 to 1 advantage over Rick Santorum. Politico reports the Romney campaign and his super PAC, Restore Our Future, are spending a combined $1,917,764 over the next seven days. As the Wisconsin primary enters its final week, Santorum's campaign is not on the air at all, leaving it up to his super PAC, the Red White and Blue Fund, to champion the former senator's message.
Newt Gingrich is now charging people to be photographed with him. On Monday Gingrich's campaign began asking for $50 from supporters who want picture with the former house speaker. The fee is the latest in a series of signs that Gingrich's campaign is seriously strapped for cash. Despite this fact, Gingrich has vowed to carry on until the Republican convention in August.Newt Gingrich is now charging people to be photographed with him. On Monday Gingrich's campaign began asking for $50 from supporters who want picture with the former house speaker. The fee is the latest in a series of signs that Gingrich's campaign is seriously strapped for cash. Despite this fact, Gingrich has vowed to carry on until the Republican convention in August.
Mitt Romney's second cousin, Park Romney, has publicly denounced the Mormon religion as a "fraud". Formerly a Mormon high priest, Park told the BBC: "There's compelling evidence that the Mormon Church leaders knowingly and wilfully misrepresent the historical truth of their origins and of the church for the purpose of deceiving their members into a state of mind that renders them exploitable."Mitt Romney's second cousin, Park Romney, has publicly denounced the Mormon religion as a "fraud". Formerly a Mormon high priest, Park told the BBC: "There's compelling evidence that the Mormon Church leaders knowingly and wilfully misrepresent the historical truth of their origins and of the church for the purpose of deceiving their members into a state of mind that renders them exploitable."