Supreme Court closes historic ObamaCare arguments, as public awaits verdict
Mar-30-2012

The Supreme Court on Wednesday wrapped up its exhaustive three-day session which will determine the fate of the federal health care overhaul, ending with what is arguably the most consequential question of the case -- if the individual mandate is struck down, does the law survive?
The nature of questioning over the last few days signaled several judges have serious doubts about the law. But they hardly indicated which way the often-divided court would rule, with a decision expected by summer.
In an election year, the case dealing with the incumbent president's most significant domestic policy achievement is a blockbuster. On the final day of arguments, the gravity of the decision was evident, as justices struggled over what to do with the rest of the Affordable Care Act if they also rule that its central provision is out of bounds.
The question dealt with whether the entire health care law should stay or go or be revised if the so-called individual mandate -- the requirement that everyone buy health insurance -- is struck down. That, and a debate over the law's Medicaid requirements, filled the last day of discussion in the landmark hearings.
On the mandate, the justices broadly examined the other parts of the law which the Obama administration was trying to save while its opponents asked for complete repudiation. The discussion centered on what to do now with this case but also on concerns over the proper role for the courts in interpreting what Congress would want done with a law that's been changed from its original version.
Justice Antonin Scalia raised concerns over the role of the courts in going through this law and others line by line looking for parts to strike down.
"This is really a case of first impression," Scalia said. "I don't know another case where we have been confronted with this decision. Can you take out the heart of the act and leave everything else in place?"
To that end, Scalia made specific mention of a notorious provision of the law, dubbed the "Cornhusker Kickback," which along with other sweeteners were added to gain votes. That sort of legislative wheeling and dealing made it difficult for some justices, especially Scalia, to see how the rest of the ACA could survive without the mandate.
Some justices were open to keeping at least parts of the law, though.
Justice Ruth Bader Ginsburg likened it to a preference for a salvage operation rather than a wrecking operation.
Ginsburg made note of many provisions in the ObamaCare law that have a modest relationship to the controversial individual mandate and could work just fine without the forced conscription of Americans onto health insurance rolls.
"I mean, it's a question of whether we say everything you did is no good, now start from scratch, or to say, you know, there are many things in here that have nothing to do, frankly, with the affordable healthcare, and there are some that we think it's better to let Congress to decide whether it wants them in or out."

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