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.
Courtroom sketching is a form of visual journalism or reportage drawing that is slowly dying out. Where once upon a time news organization each had their own artist covering a story, today a “pool” artist often sketches for all. It is a demanding and stressful discipline where the drawing is often done directly and under tight deadline.
After forty-five years of news sketching in courtrooms and congress I’m calling it quits. It’s been sometimes fun, sometimes frustrating, almost always interesting. I’ve been lucky to work with some really great people. Don’t think I’ll miss it, but a little scared of not having a deadline.
While I won’t be sketching in court anymore, I may continue to post to this blog from time to time. Not sure what that might be. I’m about to start a new assignment documenting infrastructure and construction. Could be interesting.
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