Brian Beutler reports from the Supreme Court:
- On severability: Scalia said explicitly that if the heart of the act falls (i.e. the mandate) the whole thing should fall. His distaste for the law was palpable — he referenced the failed “Cornhusker kickback,” etc.
- He and Kennedy asked the toughest questions, though Kennedy was much more engaged on both sides.
- The outside lawyer arguing that the mandate alone can fall did an excellent job making his case. Paul Clement, the lawyer arguing against health care reform, was once again in top form.
- The administration’s lawyer, Edwin Kneedler, performed adequately but really cleaned up concisely at the end.
