Supporters lined up behind the owners of two family owned businesses, Anthony Hahn, second from right, and Dave Green, far right, on the lower level of the Supreme Court building this morning. They were waiting to hear arguments in two cases concerning Obamacare’s required contraceptive coverage by for-profit employers. Hobby Lobby and Conestoga Wood Specialities both embrace Christian principles that cause them to object to forms of contraception that they believe are tantamount to abortion.
It’s been a long day of lively arguments, lots of drawings, and even a little bit of snow, so forgive me if I forgo further comments and simply post the day’s sketches. There are links at the bottom to reporting on the arguments.
Lyle Denniston’s argument recap here.
NYT story here.
WaPo story here.
And a must-read from Dahlia Lithwick here.
My sketches from the announcement of the Court’s opinion, and dissents, on the Affordable Care Act.
As they took their seats Justice Breyer was smiling; Sotomayor looked glum.
Justice Scalia was actually sitting as far back from Roberts as possible. Forgive the artistic license, but I wanted to get his expression in the frame.
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.
A few sketches from today’s arguments ( which can be heard here ) in Liberty University v. Geithner and Virginia v. Sebelius, both cases concerning the individual mandate in the new Obama-sponsored health care law.
Pictured below : Mathew Staver, the attorney for Liberty University arguing before the Fourth Circuit three-judge panel.
Judge Andre Davis :
Acting Solicitor General Neal Katyal and Judge Diana Gribbon Matz :
Judge James Wynn :
Andrew Cohen’s intelligent analysis can be found here.