Commentary: Health care arguments close, with little closure

Listen to this article

By Kimberly Atkins
Dolan Media Newswires

For the past couple of days, much of the media has been atwitter over suggestions that after March 27th’s oral arguments, the health care reform law’s individual mandate provision was on life support (sentiment initially expressed by CNN’s Jeffrey Toobin, but not necessarily echoed by others who watched the argument).

But at the close of oral arguments in one of the most closely-watched Supreme Court cases in modern history, one thing is certain: no one is certain about what the Court will do.

After hours of watching the justices question the parties’ positions, argue points with one another, and perhaps even test the strength of their own views through the questions they posed to the attorneys arguing the case, there is no clear majority on most of the crucial issues presented to the Court (my only guess is that the justices will likely not put off deciding the constitutional issues until 2015 under the Anti-Injunction Act, which was argued Monday).

But perhaps the most interesting – and frankly, the most candid – observation of the week came from Justice Antonin Scalia on Wednesday morning. As the justices and attorneys debated whether the Court had the power to strike down part of the law while leaving the rest intact, or if that act would interfere with Congress’ power, Scalia said:

“[There] is no way that this Court’s decision is not going to distort the congressional process. Whether we strike it all down or leave some of it in place, the congressional process will never be the same.”

Indeed, the outcome of the case will have not only an immense impact legally, but politically as well.

Regardless of the outcome, the Supreme Court has already left its mark.