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A look back at this week’s Supreme Court Oral Arguments on ObamaCare

Mar 31, 2012

By Dave Andrusko

I would be fibbing if I said I had read more than a portion of the transcript of the oral arguments on ObamaCare presented this week to the Supreme Court. A fairly hefty portion, but nothing like all 300+pages. (If my granddaughter snoozes tomorrow, I might take a whack at it.)

I would encourage you to read as much as your schedule permits. If you have more time, you can dial up www.scotusblog.com where you can listen to selected audio of the six hours of back and forth. 

Since we’ve written dozens of stories in anticipation of the oral arguments and a half-dozen on what took place this week (not to mention what we’ll write over the next few months), I’d just like to make two quick comments as we end an historic week.

Anybody you tells you they “know” what the justices will decide is simply not to be trusted. No one knows—well, I take that back. The justices conferenced today so they know, although how they flesh out their arguments will take weeks to fashion. But, even so, while it is unlikely that the justices could change from their initial positions on such an immensely important question, it is possible.

The other consideration is those many, many mea culpas you read from supporters of ObamaCare. Having persuaded themselves that the law’s constitutionality was a “slam dunk” (how could ANYONE doubt that?), in light of very penetrating questioning by several justices, they have convinced themselves that ObamaCare—or at least that part of the law they care about most—is toast.

The amusing part is how, for the most part, they blame not themselves for preening overconfidence but [fill in the blank]. Usually it’s an imaginary fault of the justices with whom they disagree or some failing on the part of the attorney[s] arguing the case on behalf of the government or the pull of the tides, whatever.

All we know for sure is clearly the justices had thought a great deal about this 2,700 page monstrosity in advance of this week’s oral arguments. They needed to. It’s a mess.

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Categories: ObamaCare
Tags: ObamaCare