Corporate Accountability

Obamacare Court Battle: Two Justices, Three Issues to Watch

By Todd Ruger


Both advocates and foes of the health care law will pay special attention to how two justices navigate at least three key issues during Supreme Court oral arguments today.


The focus was expected to be mainly on Chief Justice John G. Roberts Jr.—the key vote in the 2012 case that upheld the health care law in a 5-4 ruling—and Justice Anthony M. Kennedy, who has a reputation as a swing vote….


Kennedy has been particularly concerned about states’ rights, and the defenders of the law have made that an issue in this case, [CAC Appellate Counsel Brianne] Gorod said. “I think it could be very telling if [Kennedy] is concerned about that issue in the case,” Gorod said of the argument. “It’s one that could resonate with any number of them, particularly the conservative justices.”