My liveblog leading up to the Supreme Court Countdown:
Here on Snark Amendment
Whatever the ruling is, things are going to be explosive in the morning. As soon as we get some reliable reports about the opinion as well as the dissent, I will post those here in the Snark Lane.
No one knows whether the health care law will be upheld, but it might give you hope to know that Tom Goldstein, publisher of Scotusblog says it will be upheld and NOT struck down. Maybe the Tea Party should think about that before they dress up like Minutemen and start crowing like roosters on the steps of the Surpreme Court tomorrow morning.
Goldstein writes:
In the end, you have to make a prediction and take responsibility for it. I believe the mandate will not be invalidated tomorrow. Far less important, I expect the principal opinion will be written by the Chief Justice; a majority of the Court will find it has jurisdiction; and the challenge to the Medicaid expansion will be rejected.
Most observers disagree. There are certainly good reasons to believe the Court will invalidate the mandate. Most important, at the oral argument, the questions of two critical Justices – Justice Kennedy and the Chief Justice – were on the whole critical of the mandate’s constitutionality.
But in the end, based on the entire mix of information I have, I think the mandate will not be struck down tomorrow. (I don’t have any inside information, nor does anyone else.) My prediction includes the possibility that there will not be a single majority opinion for the theory on which the mandate is upheld, and even the thin possibility that the Court will not have a majority to find the mandate constitutional.
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