President Obama and Justice Kennedy

Why Obamacare May Stand: Reading Justice Kennedy, the Supreme Court’s Swing Vote

After three days of oral arguments and intense speculation in the press, the Supreme Court is said to be holding an initial vote Friday, March 30, on the fate of President Obama’s landmark health reform law. While conventional wisdom has swung against the high court’s upholding the law, a close reading of Justice Anthony Kennedy’s questioning and conversations with his former clerks suggests that a week of breathless coverage has overstated the likelihood of that happening.

The ‘Heart’ of Health Care Reform: Can the Law Stand Without a Mandate?

Jonathan Ernst / Reuters

Although the Supreme Court won’t rule until June and predicting its decision is impossible for even the most seasoned experts, Tuesday hearings on the health insurance mandate’s constitutionality left its supporters worried it might not survive. If the requirement falls and the rest of the law remains, chaos could follow, along with a host of unintended consequences like rising premiums and even less access to coverage than exists today.

The Mystery of Donald Verrilli’s Supreme Court Choke

Art Lien / Reuters

After Donald Verrilli’s halting performance defending a national health-insurance mandate before the Roberts court on Tuesday, the White House Wednesday morning issued a statement of support for their beleaguered solicitor general. “Mr. Verrilli is an extraordinarily talented advocate who possesses a sharp mind, keen judgment and unquestionable integrity,” White House Counsel Kathryn Ruemmler said. “He [...]

Inside the Supreme Court: Why Obamacare Supporters Are Getting So Nervous

Dana Verkouteren / AP

On Tuesday, the High Court appeared just as divided as the public and the lower courts whose rulings have both upheld and struck down the new health care law in the past year and a half. And when Obama’s Solicitor General Donald Verrilli stepped up to explain to the High Court that the Affordable Care Act’s individual mandate is within congressional authority to impose, he faced more skepticism than he probably expected.

Re: SCOTUS Solidifies Gun Rights

Meanwhile, in Chicago, the source of the lawsuit decided today by the Supreme Court, ten people were killed by guns after 54 people were shot over the weekend. The victims included a baby girl, who suffered a neck graze wound at a midnight barbecue, early Monday morning. To read all the details, the Sun Times [...]

1,000 Words: Kagan Edition

President Obama will announce at 10 a.m. this morning the worst-kept secret in recent political history. This photo was taken in April. Your caption suggestions please, in the comments.

Polemic Justice: Framing the Supreme Court Debate

When Supreme Court Justice John Paul Stevens announced last Friday that he would retire at the end of this term, thus leaving a liberal gap on the bench, the next great legislative war was conceived. As Stephen Colbert colorfully put it last night, “No matter who the president nominates, cable news will be talking about [...]

White House: Don’t Hold Your Breath For Justice Hillary Clinton

After a briefing on nuclear security Monday afternoon, White House spokesman Robert Gibbs took a question about the possibility of Supreme Court Justice State Hillary Clinton. He did not dodge the question. “I think the president has identified in Secretary Clinton a job he thinks she is doing–a capacity in which she is doing a [...]

The Long and Short Of President Obama’s SCOTUS Nominee Lists

The last time President Obama choose a nominee for the Supreme Court, his staff read the opinions and legal writings of more than 40 people. Nine candidates were contacted by the staff for further vetting. The president met with four candidates–Sonia Sotomayor, Elena Kagan, Janet Napolitano and Diane Wood. He chose Sotomayor. This time the [...]

How Replacing Justice John Paul Stevens Could Get Interesting

In perhaps the most telegraphed move in recent history, Justice John Paul Stevens announced his retirement today. So begins the next great Supreme Court nomination fight, which is sure to bring all the usual bells and whistles: Cable News shout fests over the fate of the constitution, direct mail pieces from pro-life and pro-choice groups [...]