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Monday, March 26, 2012

Supreme Court expresses skepticism over constitutionality of health care mandate




                                               


NBC's Pete Williams, who has been listening in as the Supreme Court hears arguments about President Obama's health care reform law, says he thinks it's "very doubtful" the high court is going to find the law constitutional.
Two years after a hard-fought victory, President Barack Obama’s signature legislative accomplishment -- the health care reform law -- seemed at risk of being struck down as the Supreme Court heard arguments Tuesday.
“I think it’s very doubtful that court is going to find the health care law constitutional,” NBC’s Pete Williams reported after watching the two hours of oral argument before the high court. “I don’t see five votes to find the law constitutional.”

Court signals it will decide constitutionality of insurance mandate

While it's difficult to know for certain after Tuesday's oral arguments, the conservative justices appeared skeptical of the constitutionality of the mandate.
As the Supreme Court hears arguments on the constitutionality of the health care law, the Obama team shifts strategies to gather support.
They pressed Solicitor General Donald Verrilli, arguing the case for the Obama administration, who tried to defend the requirement that uninsured people purchase health insurance.
The mandate is backed up by a financial penalty the law imposes on uninsured people who choose to not buy insurance. This provision takes effect in 2014.
Justice Antonin Scalia, who upheld broad federal power in the court’s 2005 Gonzales v. Raich medical marijuana decision, “had nothing good to say about this law,” Williams said.
Justice Anthony Kennedy, a potential swing vote on the court,  “seemed to have grave concerns,” William reported, saying at one point in the oral argument “this is beyond anything Congress has ever done before.”

High court's ruling could return health care fight to Congress

It did not seem during the oral argument that Kennedy “found the justification that he needed” for the law.
President Obama's landmark health care reform law is under the microscope during a second day of arguments at the Supreme Court. NBC's Pete Williams reports.
The fate of the health care overhaul hinges on the issue the justices weighed during two hours of argument Tuesday morning: does Congress have the power to force individuals to buy a product they otherwise would not have purchased?
Much of Tuesday’s battle focused on the extent of Congress’s reach under the power to regulate interstate commerce which the Constitution assigns to it.
The court is expected to hand down its ruling in June.
NBC's Pete Williams contributed to this report.

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