SCOTUS Will Take Up The Individual Mandate

…and opponents will be led by their A-team. The court is reportedly going to allow a total of four and a half hours of argument. That’s unusually long. They know that this will be an historic ruling. If they can do this, there are no limits to federal power.

[Update a couple minutes later]

Philip Klein is now saying it will be five and a half hours.

[Update a few minutes later]

Here’s a roundup of links from Pethokoukis.

[Update a while later]

Here’s a more detailed report from CEI’s Hans Bader.

16 thoughts on “SCOTUS Will Take Up The Individual Mandate”

  1. The future of freedom in my country and we “get” five hours of argument? And the decision is rendered by 8 of 9 folks well past retirement age.


  2. The infamous Kelo decision ended any illusions that the Supreme Court will act in accordance with the Constitution to limit the powers of government. The Constitution only means what 5 out of 9 Justices say it means.

    1. Well, at least one justice regrets his decision on Kelo. Maybe the regret will spread. Doubtful since that justice is off the bench.

    2. It’s worth noting that the Kelo decision has been neutered to considerable degree in 42 states, most which passed these laws on eminent domain in response to the Kelo decision. If the Supreme Court messes up with respect to Obamacare, we won’t be able to clean it up so nicely.

      1. It’s good that most states have acted to negate the abomination that was the Kelo decision. The fact that the SC made the Kelo decision the way it did is my cause for concern. IMO, it ranks among the very worst decisions of my lifetime and likely among the very worst in the country’s history along with Dred Scott and Plessy v. Ferguson.

      2. Karl, my memory from the time was that most of the ED laws passed in the wake of Kelo were actually pretty toothless.

  3. Has anyone seen anything on the current status of a Kagan recusal? If she refuses to do it herself, can it be forced? Anyone know how that would work?

      1. They’ll try to give Kagan a pass for things she directly did but they want Thomas to recuse himself for his wife’s actions.

          1. Say Kagan does recuse herelf, and the Court has a (perhpas unlikely) tie vote. Then the lower court judgements stand. I believe the judgements contradict each other, but ‘ve lost track of each of the various judgements, each of the various states, to the extent that I ever tracked them. Does anyone want to comment on the results of a Supreme Court tie.

  4. If SCOUTUS does uphold the mandate, it could become the early 21st century version of the SCOUTUS’s Dred Scott decision in the late 1850s. We all know where that led. Hopefully, our potential modern civil war will be based more on nonviolent resistance than shooting.

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