Round two

The media reported that the government’s attorney, Solicitor General Donald Verrilli Jr., had a tough day yesterday arguing in front of the Supreme Court that the Affordable Care Act’s individual mandate was constitutional.  His opening remarks were apparently not as coherent as they should have been and he consequently sustained some very negative questions from the Justices.

Former Solicitor General Paul Clement, arguing for the 26 plaintiff states against the mandate, is reported to have done quite well in his arguments.  However, predicting the outcome based on questions from the Justices is apparently not a science experts caution.

But there was another attorney presenting to the Court yesterday who news reports have barely mentioned if at all—Michael Carvin who is representing the National Federation of Independent Business.  How did he do?

Here is how Elizabeth Wydra, Chief Counsel for the Constitutional Accountability Center, who was in the Chamber described Mr. Carvin’s performance in a radio interview with me yesterday afternoon.

“He was very bombastic almost to the point where I think it was not really your typical Supreme Court behavior.   There is a sense of decorum there.  This isn’t Bill O’Reilly.  This is the Supreme Court of the United States.  I think that might have actually have turned off some of the Justices like Justice Kennedy and Chief Justice Roberts.”

We can only hope.

You can hear yesterday’s entire interview with Ms. Wydra here.  She will again be my radio guest today at 5:25 EST and you can hear it live here.

Round one

So you didn’t get one of the approximately 170 seats in the Supreme Court for yesterday’s opening hearing on the Affordable Care Act (ACA).  Well, I didn’t either but I did get to talk to someone who was in the Chamber.

Elizabeth Wydra is the chief counsel for the Constitutional Accountability Center.  She practices before the Supreme Court and was seated in in the exclusive Well of the Court restricted to members of the Supreme Court bar. 

I talked with Ms. Wydra on my radio show yesterday afternoon.  You can hear her take on Monday’s proceeding here.  She’ll be back on my show today at 5:44 EST to give her timely assessment of the arguments on the constitutionality of the individual mandate and which side she thinks scored the best points. 

So what do Ms. Wydra’s fellow Supreme Court-practicing attorneys and former Supreme Court clerks think will be the final Court ruling?  A poll released yesterday showed that almost 75% agreed that the Court would make a ruling this year and not wait until 2015 (yesterday’ issue).  The good news for ACA supporters is that 65% thought that Supreme Court would uphold the constitutionality of the individual mandate and 81% said that the Medicaid expansion (Wednesday’s issue) would also be upheld. 

You can listen to my interview with Ms. Wydra live by clicking here.