The Court is really struggling with severability. Generally speaking, the more conservative the member the more likely they were to believe that more would have to be invalidated. Justice Scalia would strike down the entire Act. Most likely would be guarantee issue, community rating and some other pieces essential to keeping insurance prices low. Tea leaves suggested that Justice Kennedy would vote to invalidate the mandate but nothing super-clear. Farr was excellent.

Posted in Everything Else

Recommended Citation: Tom Goldstein, The argument is done, SCOTUSblog (Mar. 28, 2012, 12:00 PM), http://www.scotusblog.com/2012/03/the-argument-is-done-2/