I’m pretty much cross-eyed after three days of sketching the Supreme Court’s health care argument marathon, so I’ll just post today’s drawings with brief captions.
Paul Clement, shown above, begins his argument on severability.
Justice Scalia needles Deputy Solicitor General Edwin Smiley Kneedler.
Justice Breyer brandishes portions of the Affordable Care Act.
Clement makes his argument on Medicaid Expansion.
Solicitor General Donald Verrilli had a better day today, but too late?
Lyle Denniston’s recap of the arguments on severability is here.
And Lyle’s recap of the Medicaid arguments is here.
It was hard going for Solicitor General Donald Verrilli, pictured above and below, as a majority of the Justices expressed skepticism about about the individual mandate provision of the new health care law.
Former Solicitior General Paul Clement, now representing the challengers to the Affordable Care Act, appeared to win today’s round.
Round three tomorrow.
Mike Sacks has it covered here.
The first issue before the Court was the Anti-Injunction Act of 1867 which says that you can’t challenge a tax until it’s been collected. Under the new Affordable Care Act if you don’t have health insurance you pay a penalty, and because that penalty is assessed depending upon your income and is collected by the IRS it could be seen as a tax. And since that tax has yet to be collected an appeal is premature, a position neither side is claiming and so the Court appointed Washington lawyer Robert A. Long, pictured below, to play devil’s advocate, or more properly amicus curiae.
Lyle Denniston’s take on today’s arguments here.
One of the nation’s greatest civil rights attorneys NAACP Legal Defense Fund president John Payton passed away yesterday. He is shown here arguing before the Supreme Court in Gratz v. Bollinger, April 1, 2003.
A couple of sketches from today at the Supreme Court :
The Court heard arguments in two cases where juveniles were sentenced to life without the possibility of parole. Both prisoners were very ably represented by Bryan Stevenson, pictured above.
The Court also announced opinions in four cases. Pictured below, clockwise from the bottom right, are Justice Sotomayor, Justice Breyer, Justice Kennedy and Justice Ginsburg reading her dissent in Coleman v. Court of Appeals of Maryland.
A work in progress: recreation of two cases arising from sit-in protests at a segregated lunch counter and a restaurant in Columbia, SC in the early sixties. On the bench, left to right, are Justices Byron White, William Brennan, Tom C. Clark, Hugo Black, Chief Justice Earl Warren, William O. Douglas, John M. Harlan, Potter Stewart and Arthur Goldberg. At the lectern is Constance Baker Motley, and behind her, L-R, are Jack Greenberg, Matthew J. Perry and, peeking out the corner, Ralph S. Spritzer. The lawyer for the City of Columbia, David W. Robinson, is seated to the left of the lectern.