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| Supreme court health care day 3 – live | Supreme court health care day 3 – live |
| (40 minutes later) | |
| 11.59am: The Los Angeles Times has the latest from inside, and its take, at least, is that conservative justices want to tear down the whole law if the individual mandate is invalidated. Oh, they're feeling frisky today: | |
| The Supreme Court's conservative justices said Wednesday they are prepared to strike down President Obama' s health care act entirely. | |
| Picking up where they left off Tuesday, the conservatives said they thought a decision striking down the individual mandate means the whole statute should fall with it. | |
| The court's conservatives sounded as though they had determined for themselves that the 2,700 page law must be declared unconstitutional. | |
| "One way or another, Congress will have to revisit it in toto," said Justice Antonin Scalia. | |
| Agreeing, Justice Anthony Kennedy said it would be an "extreme proposition" to allow the various insurance regulations to stand after the mandate was struck down. | |
| 11.38am: Longtime Democratic Representative Bobby Rush was kicked off the House floor this morning for donning a hoodie in honor of dead Florida teen Trayvon Martin. Rush supposedly violated chamber rules against wearing hats. Hats! | |
| 11.31am: The Wall Street Journal live blog, fed by its reporters in the Supreme Court indicates that things are, again, shockingly, breaking down along ideological lines! | |
| Liberal justices are making a strong case for "salvaging" the law even in the event of the individual mandate being ruled unconstitutional; and Chief Justice Roberts – considered, along with Justice Kennedy, one of the two conservative justices who remain open to upholding the law – is exploring another, well, another option: | |
| Chief Justice John Roberts has asked several questions of Mr. Clement that further the case for striking down the whole law, and echo other remarks from Justices Alito and Scalia. | |
| He has suggested that the whole of the health-law should be considered to be linked to the individual mandate because its myriad of other provisions, such as black-lung payments, were actually included as sweeteners to pass the main bill. Without them, Congress "would not have been able to cobble together the votes to get it approved," he said. | |
| So now Chief Justice John Roberts fancies himself the House Majority Whip, checking out vote counts? | |
| 11.14am: Supporters of the health care law – or at least defenders of its constitutionality – dug up all the bitterness they could muster in some sweeping reactions to the liberals' rough day in court Tuesday. | 11.14am: Supporters of the health care law – or at least defenders of its constitutionality – dug up all the bitterness they could muster in some sweeping reactions to the liberals' rough day in court Tuesday. |
| Slate legal writer Dahlia Lithwick, for example, nearly gave up on modernity, community, and hope altogether: | Slate legal writer Dahlia Lithwick, for example, nearly gave up on modernity, community, and hope altogether: |
| This morning in America's highest court, freedom seems to be less about the absence of constraint than about the absence of shared responsibility, community, or real concern for those who don't want anything so much as healthy children, or to be cared for when they are old. Until today, I couldn't really understand why this case was framed as a discussion of "liberty." This case isn't so much about freedom from government-mandated broccoli or gyms. It's about freedom from our obligations to one another, freedom from the modern world in which we live. It's about the freedom to ignore the injured, walk away from those in peril, to never pick up the phone or eat food that's been inspected. It's about the freedom to be left alone. And now we know the court is worried about freedom: the freedom to live like it's 1804. | This morning in America's highest court, freedom seems to be less about the absence of constraint than about the absence of shared responsibility, community, or real concern for those who don't want anything so much as healthy children, or to be cared for when they are old. Until today, I couldn't really understand why this case was framed as a discussion of "liberty." This case isn't so much about freedom from government-mandated broccoli or gyms. It's about freedom from our obligations to one another, freedom from the modern world in which we live. It's about the freedom to ignore the injured, walk away from those in peril, to never pick up the phone or eat food that's been inspected. It's about the freedom to be left alone. And now we know the court is worried about freedom: the freedom to live like it's 1804. |
| The New Yorker's John Cassidy gave up on humanity, calling the case "a bad joke": | The New Yorker's John Cassidy gave up on humanity, calling the case "a bad joke": |
| But, of course, this case isn't ultimately about the law—it is about politics. The four ultra-conservative justices on the court—Alito, Roberts, Scalia, and Thomas—are in the vanguard of a movement to roll back the federal government and undermine its authority to tackle market failures. The movement began in the nineteen-eighties, when the Federalist Society got its start and Ronald Reagan appointed one of its members, Scalia, to the court—and for thirty years it has been gathering strength. | But, of course, this case isn't ultimately about the law—it is about politics. The four ultra-conservative justices on the court—Alito, Roberts, Scalia, and Thomas—are in the vanguard of a movement to roll back the federal government and undermine its authority to tackle market failures. The movement began in the nineteen-eighties, when the Federalist Society got its start and Ronald Reagan appointed one of its members, Scalia, to the court—and for thirty years it has been gathering strength. |
| Thus the creation of a new legal theory to sink Obamacare: the idea that while the federal government might well have the authority to regulate economic activity, it doesn't have the right to regulate inactivity—such as sitting around and refusing to buy health insurance. Now, it is as plain as the spectacles on Antonin Scalia's nose that opting out of the health-care market is about as realistic as opting out of dying. But necessity is the mother of invention. And, judging by his questions this morning, it is this invention that Kennedy has fastened on. | Thus the creation of a new legal theory to sink Obamacare: the idea that while the federal government might well have the authority to regulate economic activity, it doesn't have the right to regulate inactivity—such as sitting around and refusing to buy health insurance. Now, it is as plain as the spectacles on Antonin Scalia's nose that opting out of the health-care market is about as realistic as opting out of dying. But necessity is the mother of invention. And, judging by his questions this morning, it is this invention that Kennedy has fastened on. |
| As I said at the beginning, it's a bad joke—upon us all. | As I said at the beginning, it's a bad joke—upon us all. |
| And Mother Jones' Adam Serwer poured a few tons of salt into Solicitor General Donald Verrilli's wounds: | And Mother Jones' Adam Serwer poured a few tons of salt into Solicitor General Donald Verrilli's wounds: |
| Stepping up to the podium, Verrilli stammered as he began his argument. He coughed, he cleared his throat, he took a drink of water. And that was before he even finished the first part of his argument. Sounding less like a world-class lawyer and more like a teenager giving an oral presentation for the first time, Verrilli delivered a rambling, apprehensive legal defense of liberalism's biggest domestic accomplishment since the 1960s – and one that may well have doubled as its eulogy. | Stepping up to the podium, Verrilli stammered as he began his argument. He coughed, he cleared his throat, he took a drink of water. And that was before he even finished the first part of his argument. Sounding less like a world-class lawyer and more like a teenager giving an oral presentation for the first time, Verrilli delivered a rambling, apprehensive legal defense of liberalism's biggest domestic accomplishment since the 1960s – and one that may well have doubled as its eulogy. |
| Reactions on the conservative side, meanwhile, are all more or less in line with that of Senator Ron Johnson, who apparently thought he was watching Braveheart during the hearing: | Reactions on the conservative side, meanwhile, are all more or less in line with that of Senator Ron Johnson, who apparently thought he was watching Braveheart during the hearing: |
| "I felt like standing up a couple of times and yelling 'Freedom!'"- Sen. Ron Johnson on attending #SCOTUS #HCR argument | "I felt like standing up a couple of times and yelling 'Freedom!'"- Sen. Ron Johnson on attending #SCOTUS #HCR argument |
| — Steven Dennis (@StevenTDennis) March 27, 2012 | — Steven Dennis (@StevenTDennis) March 27, 2012 |
| 10.43am: Mitt Romney is now even more deeply engaged in a spat with Russian President Dmitri Medvedev, writing at Foreign Policy, "It is not an accident that Mr. Medvedev is now busy attacking me. The Russians clearly prefer to do business with the current incumbent of the White House." As president, Mitt Romney will... never do business with Russia, or something. | 10.43am: Mitt Romney is now even more deeply engaged in a spat with Russian President Dmitri Medvedev, writing at Foreign Policy, "It is not an accident that Mr. Medvedev is now busy attacking me. The Russians clearly prefer to do business with the current incumbent of the White House." As president, Mitt Romney will... never do business with Russia, or something. |
| 9.57am: If you're looking to kill a few hundred hours reading something, The New York Times Magazine's Matt Bai has written an impossibly detailed 10,000-word account of how last year's debt ceiling negotiations between President Obama and Speaker John Boehner went. (They went poorly.) | 9.57am: If you're looking to kill a few hundred hours reading something, The New York Times Magazine's Matt Bai has written an impossibly detailed 10,000-word account of how last year's debt ceiling negotiations between President Obama and Speaker John Boehner went. (They went poorly.) |
| 9.45am: Good morning. This is Jim Newell in Washington, ready to cover the final day of oral arguments in the Supreme Court health care case, and assorted other political item. There will be two sessions at the court today. At 10am, justices will hear arguments relating to whether the whole health care law should be struck down if the individual mandate is found to be unconstitutional. The second, at 1pm, deals with the health care law's Medicaid expansion and issues of states' rights. | 9.45am: Good morning. This is Jim Newell in Washington, ready to cover the final day of oral arguments in the Supreme Court health care case, and assorted other political item. There will be two sessions at the court today. At 10am, justices will hear arguments relating to whether the whole health care law should be struck down if the individual mandate is found to be unconstitutional. The second, at 1pm, deals with the health care law's Medicaid expansion and issues of states' rights. |
| While we wait for the excitement to begin, here's Ryan Devereaux's summary of Supreme Court and campaign news today. | While we wait for the excitement to begin, here's Ryan Devereaux's summary of Supreme Court and campaign news today. |
| President Barack Obama's signature health care law appears to be in peril, as a number of the Supreme Court's more conservative judges continue to raise questions about the legislation's constitutionality. The court's decision is expected in June. Given the centrality of the Affordable Care Act to the president's first term, the Supreme Court challenge will undoubtedly impact his efforts at re-election and the arguments of his challengers. | President Barack Obama's signature health care law appears to be in peril, as a number of the Supreme Court's more conservative judges continue to raise questions about the legislation's constitutionality. The court's decision is expected in June. Given the centrality of the Affordable Care Act to the president's first term, the Supreme Court challenge will undoubtedly impact his efforts at re-election and the arguments of his challengers. |
| Newt Gingrich has admitted he can't win the GOP presidential nomination outright and is cutting his staff in order to focus on winning at the Republican convention this summer. Tuesday night Gingrich's campaign manager announced one third of the former House speaker's staff would be leaving soon. The Gingrich camp believes neither Mitt Romney nor Rick Santorum will collect enough delegate votes to clinch the nomination. They hope to "take it to Obama" with Gingrich's "big ideas", which currently reportedly include a $2.50-a-gallon gasoline and two or three other things. | Newt Gingrich has admitted he can't win the GOP presidential nomination outright and is cutting his staff in order to focus on winning at the Republican convention this summer. Tuesday night Gingrich's campaign manager announced one third of the former House speaker's staff would be leaving soon. The Gingrich camp believes neither Mitt Romney nor Rick Santorum will collect enough delegate votes to clinch the nomination. They hope to "take it to Obama" with Gingrich's "big ideas", which currently reportedly include a $2.50-a-gallon gasoline and two or three other things. |
| Mitt Romney appeared on the Tonight Show with Jay Leno Tuesday evening. The Republican frontrunner played a game of word association with Leno and joked about his rival Rick Santorum's recent struggles with the media, suggesting the former Pennsylvania senator could serve as "press secretary" in a Romney administration. Romney resisted Leno's attempts to go into detail about who he'd like to enlist as a vice president. He did, however, suggest he would be okay with Santorum filling the role. "I'm happy with him saying he'd like to be part of an administration with me, nothing wrong with that, if he's the V.P. that's better," Romney said. "I'd rather be the president. Let him be the vice president." | Mitt Romney appeared on the Tonight Show with Jay Leno Tuesday evening. The Republican frontrunner played a game of word association with Leno and joked about his rival Rick Santorum's recent struggles with the media, suggesting the former Pennsylvania senator could serve as "press secretary" in a Romney administration. Romney resisted Leno's attempts to go into detail about who he'd like to enlist as a vice president. He did, however, suggest he would be okay with Santorum filling the role. "I'm happy with him saying he'd like to be part of an administration with me, nothing wrong with that, if he's the V.P. that's better," Romney said. "I'd rather be the president. Let him be the vice president." |
| A new poll finds President Obama leading his Republican rivals in three important swing states. According to the latest Quinnipiac survey, Obama beats Mitt Romney and Rick Santorum in Florida, Ohio and Pennsylvania. In Florida, Obama leads Romney 49% to 42%, and Santorum 50% to 37%. Obama has an advantage of 47% to 41% over Romney in Ohio, and beats Santorum 47% to 40%. The race is closer in Pennsylvania, where Obama tops Romney 45% to 42 %, though Romney is well within the margin of error. Obama beats Santorum in home state of Pennsylvania 48% to 41%. | A new poll finds President Obama leading his Republican rivals in three important swing states. According to the latest Quinnipiac survey, Obama beats Mitt Romney and Rick Santorum in Florida, Ohio and Pennsylvania. In Florida, Obama leads Romney 49% to 42%, and Santorum 50% to 37%. Obama has an advantage of 47% to 41% over Romney in Ohio, and beats Santorum 47% to 40%. The race is closer in Pennsylvania, where Obama tops Romney 45% to 42 %, though Romney is well within the margin of error. Obama beats Santorum in home state of Pennsylvania 48% to 41%. |