Select Page

Sketches from the Final Day of Health Care Arguments

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.

SC120328wide
Paul Clement, shown above, begins his argument on severability.

SC120328_Kneedler
Justice Scalia needles Deputy Solicitor General Edwin Smiley Kneedler.

SC120328_Breyer
Justice Breyer brandishes portions of the Affordable Care Act.

SC120328_Clement
Clement makes his argument on Medicaid Expansion.

SC120328_Verrilli
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.

Tough Day for Affordable Care Act

SC120327wide
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. SC120327_Verrilli
Former Solicitior General Paul Clement, now representing the challengers to the Affordable Care Act, appeared to win today’s round. SC120327_Clement
Round three tomorrow.

Mike Sacks has it covered here.

Day 1 of Supreme Court Arguments in Health Care Overhaul

SC120326wide

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. SC120326_Long
Lyle Denniston’s take on today’s arguments here.

 

Opinions and Arguments

A couple of sketches from today at the Supreme Court :

SC120320_Stevenson

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. SC120320_justices