It’s worth noting that the upshot of the anti-mandate arguments being made before the Court this week is that a broadly market based approach like the Romney-Obama model is unconstitutional; but single payer would be constitutional. Read More

A reminder that predicting SCOTUS decisions based on oral arguments is fraught with peril.

From the PollTracker. National favorability for President Obama, 50.8%; national favorability for Mitt Romney, 38.2%.

Here’s the audio to Part I of today’s Supreme Court oral argument on health care reform.

Former Reagan Solicitor General Charles Fried offers a reminder that there is of course already a limiting principle in Commerce Clause jurisprudence.

Four reasons why Mitt Romney’s opponents might be finally, finally, finally about to give up the ghost(s).

You know what’s going on when Justice Scalia starts peppering his comments in oral arguments with anti-Obama, anti-HCR political slogans like the “Cornhusker Kickback.”

TPM Reader PM checks in with a smart take on the HCR oral arguments:

I’m sure you’re getting a ton of comments from lawyers, and I don’t want to add to that deluge except for two short points:

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It’s easy to imagine that two generations of aggressive judicial advocacy and court-packing was leading up to this moment yesterday before the Supreme Court. This would be the prize. Read More

Brian Beutler has all you need to know ahead of the final day of oral arguments on the Affordable Health Care Act in front of the Supreme Court.