Jonathan Cohn is nervous that after today, Day Two of arguments before the Supreme Court in the case against the Affordable Care Act, the individual mandate will be struck down and very likely the entire law will fall with it.
"My first impression from day two at the Supreme Court: I was more confident yesterday than I am today. With the caveat that I know health policy a lot better than I know law, I can still imagine the justices upholding the individual mandate. But, at this point, I can just as easily imagine them striking it down.
"Tuesday's hearing was energized and contentious, from start to finish. But while the justices hammered lawyers from both sides with difficult questions, Solicitor General Don Verrilli seemed to struggle more than Paul Clement, attorney for the states. And although the liberal justices were able, more or less, to carry the case on their own, there are only four of them – and the conservatives number five..."
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