Most observers of the Roberts Court see the swing vote in this case resting with Justice Anthony Kennedy. His questions and observations during the arguments do not auger well for the Administration’s effort to defend the Legislation against the position asserted by twenty six attorneys general that it is an unconstitutional expansion of federal authority over interstate commerce.The arguments and questions got right to the heart of the constitutional issues presented to the highest Court of the Nation. Is the individual mandate an unconstitutional abuse of Federal power?

I was not inside the Supreme Court on Tuesday, March 27, 2012, for the second day of historic legal arguments on the constitutionality of the Affordable Care Act (A.K.A. “Obamacare”). Like millions of Americans, I followed the news with great interest and concern throughout the day.

I received several reports following the hearing from lawyers who, like me, are members of the Supreme Court Bar. I respect their analysis, know of their abilities to read such events well and trust their insights. I also know that, contrary to what many may claim, oral arguments on cases of such constitutional importance truly do matter.

I have been in that Courtroom on numerous occasions for other important arguments. I served four times as co-counsel on Constitutional cases before the Supreme Court during my legal career. Finally, I have been present when arguments, to use an expression, “go south”.

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