Wednesday, March 28th, 2012 - 9:28
Wednesday, March 28, 2012 - 10:14
Curt tone of conservative justices suggests the mandate is in question.
Day two of the Supreme Court's review of the Affordable Care Act led to heated confrontation between the High Court and the Solicitor General representing the federal government. Questioning the validity of the government's claims in regards to the Constitution's Commerce Clause, Justice Alito asked how forcing individuals to buy insurance would differ from broccoli.
According to the New York Times the performance of the attorney for the states and the private group was more compelling than the federal government. On Wednesday, the Justices will hear arguments on another part of the health reform law, the vast expansion of Medicaid eligibility which will be funded by the federal government. Should the individual mandate be reversed in the Justices deliberations over the next three months, a fundamental question will be whether other major parts of the law such as the Medicaid expansion can be severed and stay on the books.