It'll be a long wait until we know what Supreme Court justices will rule when it comes to the hearings on President Obama's health care overhaul. YNN's Erin Billups has more on the case that stretched over three days this week.
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WASHINGTON, D.C. -- Kevin Russell, Goldstein & Russell, P.C. Partner said, “Today is the big day."
The Supreme Court is not set to reveal its decision on the challenge against the Obama Administration’s trademark health care reform law until late June but with a preliminary vote taken Friday, the judges have likely already made up their minds.
Russell said, “It really illustrates the point that oral arguments are not as important as everybody thinks, because the justices have to have to enough preparation before the oral arguments to make a decision a couple of days later. The justices rarely change their mind after voting."
Going into the arguments this week many experts thought the government would have no problem defending the individual mandate, the heart of the case, which requires all Americans get insurance or face a penalty. But after this week’s hearings, the consensus has changed.
Russell, who's firm specializes in Supreme Court litigation, says for him the shift began when
Justice Anthony Kennedy, widely seen as the swing vote, questioned the solicitor general on how the law may threaten individual liberty.
Anthony Kennedy, Supreme Court Justice said, “When you are changing the relationship of the individual to the government in this what we can stipulate is I think a unique way, do you not have a heavy burden of justification to show authorization under the constitution?"
While Chief Justice John Roberts typically leans right, most agree, his vote is also hard to call.
Russell said, “The chief justice asked hard questions of both sides which I think gives people some hope that he might vote to uphold the statute. It would be a very unusual decision if the status got upheld five to four with the chief justice casting the deciding vote."
Between now and June the Justices be putting their decision down on paper.
The Senior Justice of the majority will chose who writes the opinion. Once the opinion is circulated between the judges they will then begin writing their dissents or concurrences.