The New Republic

IN EVERY PRESIDENTIAL campaign since Roe v. Wade, the Democratic nominee has ominously intoned that the Supreme Court hangs in the balance. “We must win to save the Supreme Court of the United States,” Walter Mondale declared in 1984. “This election is about the Supreme Court,” Al Gore warned 24 hours before the polls closed in 2000. (As it turned out, he was right.) READ MORE >>

Normal 0 false false false EN-US JA X-NONE READ MORE >>

READ MORE >>

As recently as a week ago, everybody watching the Supreme Court seemed convinced of one thing: The justices had made up their minds about the Affordable Care Act. They hadn’t issued a decision and, perhaps, they were fine-tuning the legal arguments they would make in their written opinions. But they knew how they were ruling. They just weren't telling anybody about it. READ MORE >>

Before this week, the well-being of tens of millions of Americans was at stake in the lawsuits challenging the Affordable Care Act. Now something else is at stake, too: The legitimacy of the Supreme Court. READ MORE >>

The hearings are over, finally. The afternoon argument, over the Affordable Care Act's expansion of Medicaid, was as contentious as the rest -- with the justices giving both the government and the states challenging the law extra time to make their arguments.  READ MORE >>

READ MORE >>

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.  READ MORE >>

Oral arguments for the Supreme Court on Monday were supposed to be boring. The subject wasn’t the individual mandate, after all. It was the Anti-Injunction Act, a relatively obscure law that prevents courts from hearing legal challenges to taxes until after somebody has paid them. READ MORE >>

READ MORE >>