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The Supreme Court’s Health Care Opinion

My sketches from the announcement of the Court’s opinion, and dissents, on the Affordable Care Act. 6a00d8341cd0df53ef017742d379be970d-800wi

As they took their seats Justice Breyer was smiling; Sotomayor looked glum.

6a00d8341cd0df53ef017742d37ccf970d-piJustice 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. 6a00d8341cd0df53ef016767f89831970b-800wi

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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.

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

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Justice Scalia needles Deputy Solicitor General Edwin Smiley Kneedler.

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Justice Breyer brandishes portions of the Affordable Care Act.

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Clement makes his argument on Medicaid Expansion.

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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

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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

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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.

 

Fourth Circuit Considers Health Care Law

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.   ACA110510wide

Judge Andre Davis :  ACA110510_Davis

Acting Solicitor General Neal Katyal and Judge Diana Gribbon Matz :  ACA110510_Motz

Judge James Wynn :  ACA110510_Wynn

Andrew Cohen’s intelligent analysis can be found here.