March 29, 2012
Now that the three days of oral argument are finished, the next step for ObamaCare is the private conference of the Justices scheduled for Friday, during which they will discuss the case. Their written opinion is expected in June.
No one can be absolutely sure which way the Justices will vote, but based on oral argument, it appears that a narrow majority (5-4) are inclined to strike down the individual mandate.
It also appears a majority will find that the individual mandate is so intertwined with the “Guaranteed Issue” (preexisting coverage) and the “Community Rating” (removing the insurance companies’ ability to manage and spread risks) that those core provisions will also be struck down.
It remains unclear whether a majority will strike the entire law, although, as Justice Scalia said, it would be judicial activism for them to determine which parts are good and which parts are bad. The entire law should be stricken and Congress should begin again.
Keep praying! Even after tomorrow’s vote, it is not over.
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