Amy Howe:Yes, to answer a common question, the whole ACA is constitutional, so the provision requiring insurers to cover young adults until they are 26 survives as well.
Lyle:Kennedy still reading from dissent.
Amy Howe:The Justices are still reading from their opinions in the courtroom. We will get more info on who is reading what when we can from Lyle at the Court.
Amy Howe:The ACA is the acronym for Patient Protection and Affordable Care Act -- the health care bill, also known as Obamacare.
Kali:The opinion in First American Financial v. Edwards is now on the Court's website. http://www.supremecourt.gov/opinions/11pdf/10-7081b2d.pdf
Kali:Here is the opinion in the health care cases: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf
Lyle:Kennedy is finished reading from dissent. Ginsburg now reading from her opinion, which helps make the majority but not necessarily in agreement with Chief's reasoning.
Lyle:Among other comments, Ginsburg bench statement says that "seven members of theCourt...buy the argument that prospective withholding of anticipated funds exceeds Congress' spending power."
Lyle:The remedy, Ginsburg says, is "to bar the withholding found impermissible, not to scrap the expansion altogether." There are five votes for that.
Tom:We are still here. Lyle, Kevin, Amy and Tejinder are reading the opinions and we will have more analysis for you shortly. We haven't crashed (!!!) and we will be back with more soon. Stay with us.
Lyle:For readers of the opinion, a quick look at pp. 31 and 32 of Roberts' opinion tells you why the Court is sustaining as a tax measure.
Lyle:Essentially, a majority of the Court has accepted the Administration's backup argument that, as Roberts put it, "the mandate can be regarded as establishing a condition -- not owning health insurance -- that triggers a tax -- the required payment to IRS." Actually, this was the Administration's second backup argument: first argument was Commerce Clause, second was Necessary and Proper Clause, and third was as a tax. The third argument won.