Here’s a copy of what was posted on the AHA blog today: (See the info below this excerpt for more detail)
Today was the day followers of the ACA litigation have been awaiting for two years: The Supreme Court heard historic oral argument on the individual mandate, the heart of the ACA’s market reforms. The dramatics started early, with chanting demonstrators gathered outside and a who’s who of D.C. politics — from Senate majority leader Mitch McConnell to minority leader Harry Reid to Attorney General Eric Holder — mingling in the courtroom. But things really got interesting when argument began. It quickly became clear that the Court’s liberal wing (Justices Ginsburg, Breyer, Sotomayor, and Kagan) believes the mandate is constitutional, and that Justices Scalia and Alito believe it is not. Justice Thomas is a third reliable vote to strike the law down. That leaves two votes — Chief Justice Roberts and Justice Kennedy — controlling the outcome. And while neither one made his position obvious, both had tough questions for the Obama Administration’s lawyer, and Justice Kennedy repeatedly called the individual mandate an “unprecedented” law that “changes the relationship” between the people
Beginning March 26, the U.S. Supreme Court will hear oral arguments over three days in the lawsuit challenging several provisions of the Patient Protection and Affordable Care Act, including the individual mandate and coverage under the Medicaid program. The Court last week indicated it will allow same-day audio replays of the arguments but the exact timing of their release is uncertain; however, AHA members will be able to read a summary of the key points made and questions asked each day affecting hospitals. Dominic Perella, an attorney at Hogan Lovells US LLP, who was one of the lead authors of the AHA’s amicus briefs in the ACA case, will be attending each day’s arguments and will post a summary of them on a new blog created just for the event. He’ll also answer members’ questions and provide a rundown of the top stories on the previous day’s arguments each morning. Here’s a link to the blog if you’re interested: https://ahahealthreformlaw.wordpress.com/
I’ll be following this blog closely and I’ll post updates on my blog to keep you informed.