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Powered by Guardian.co.ukThis article titled “Supreme court debates ‘Obamacare’ and Republican campaign – live” was written by Jim Newell, for guardian.co.uk on Monday 26th March 2012 16.55 UTC

12.54pm: Day One of the Case of the Century has already concluded, and the chamber is clearing out. Here’s CNN/New Yorker legal analyst Jeffrey Toobin‘s insta-reaction from the press bench:

Jamie Dupree of WBS radio had a bit more to offer, suggesting that there was still plenty of intra-justice sparring during these early, procedural hours:

While the U.S. Supreme Court set aside 90 minutes for argument on the first day of its review of the Obama health reform law, it did not seem like there was an appetite among the Justices to side step the essential question of the constitutionality of the law itself.

Instead, the Justices started skirmishing in advance of what will be the main event on Tuesday, when the Supreme Court takes two hours to review the individual mandate.

Jess Bravin at the Wall Street Journal felt a similar vibe – that the justices seem quite eager to fight this out instead of making an anticlimactic punt:

From what we’ve seen today, most of the justices appeared ready to get to the core of this case now, without waiting until 2014. Overall, the justices didn’t seem receptive to the argument that the Anti-Injunction Act bars a suit until 2014 or after because they didn’t see the insurance-mandate penalty as the kind of tax envisioned by the act.

For further insta-reactions, read any news website. Or stay here all day! You should stay here.

12.31pm: Actor Martin Sheen, who played President Jed Bartlett on The West Wing, has lent his fictional presidential voice to this new ad for the Democratic Congressional Campaign Committee:

“The same Republicans in Congress who obstructed Mr. Obama every step on the road back,” he says, “now want to end Medicare, eliminate it altogether.” Watch out, Martin Sheen! PolitiFact is going to shake a fist in your direction, any second now.

12.14pm: Today’s hearing at the Supreme court has now finished for the day.

12.10pm: Why can’t the Supreme Court justices simply decided this case with a game of paintball between the liberals and conservatives? You can learn so much from a game of paintball, according to these Western journalists who played with Hezbollah members.

11.56am: Aaaaand here’s the long-awaited video footage of Rick Santorum calling “bullshit” on Jeff Zeleny of the New York Times. Yes, it looks worse on video. Meaning it’s hilarious! He is quite the angry fellow.

 

11.44am: It wasn’t the big name lawyers for either side – profiles here and here – who opened the proceedings, the Wall Street Journal writes:

In a twist, the first lawyer set to stand up before the court Monday morning wasn’t Donald Verrilli or Paul Clement, the powerhouse advocates leading each side. Instead it’s Robert Long, a Covington & Burling partner who is arguing that the case isn’t ripe for adjudication. Long was hired by the Supreme Court to make that argument because both of the litigants – in a rare point of agreement – say the case is ready to be decided.

And the Associated Press reports on what sounds like a very… exciting… opening…

Eight of nine justices fired two dozen questions in less than half hour at Washington attorney Robert Long. He was appointed by the justices to argue that the case has been brought prematurely because a law bars tax disputes from being heard in the courts before the taxes have been paid.

Under the new law, taxpayers who don’t purchase health insurance will have to report that omission on tax returns for 2014 and will pay a penalty along with federal income tax. At issue is whether that penalty is a tax.

The “good stuff” comes tomorrow, when the individual mandate will be up for question-firing.

11.32am: Here’s our latest commentary on the issue, in which Jason Farago argues that Justices Roberts and Kennedy are all too aware of how overturning the PPACA would reflect on the Court’s reputation:

John Roberts surely wants to see the president lose this election as much as any establishment conservative, but it may be the election of 2000, rather than 2012, that really forces the chief justice’s hand. Whether he believes the zany arguments of the act’s opponents have worth is not the central question – because, to be frank, he has more to lose than Barack Obama, if he strikes it down. Obama may get a second chance, but for Roberts, the entire legitimacy of his court is as stake.

I wouldn’t go before a “death panel” to say so, but it seems a safe bet that Roberts and Kennedy will back the administration, if on narrow terms. But in the unlikely event that the justices kill part or all of the Affordable Care Act, it will at least remind us of one unspoken issue in this presidential race: that when we choose a president for four years, we’re also getting supreme court justices for decades more.

 

11.19am: Evan McMorris-Santoro of Talking Points Memo is also outside the Supreme Court, and notes that the atmosphere closely resembles those last days of protests outside the Capitol two years ago when the House was passing the health care law – specifically, tea partiers and liberal supporters shouting past each other with cheap sloganeering:

11.08am: Spotted amid the throngs of activists and angry journalists who couldn’t procure seating to today’s Supreme Court hearing: Rick Santorum, whining (appropriately) about how Mitt Romney basically invented the dreaded legislation being discussed indoors.

10.45am: Rick Santorum is standing by his hurling of a curse word – oh my! – at a New York Times reporter, telling Fox & Friends this morning, “If you haven’t cursed out a New York Times reporter during the course of a campaign, you’re not really a real Republican.” A new public litmus test! Romney? Gingrich? When will you curse out a Timesman in public?

Santorum – like any good Catholic boy – is even turning his vulgarity into a fundraising opportunity, emailing his supporters this morning:

Earlier today, while campaigning in Wisconsin, I criticized Romney and Obama for their outrageous healthcare legislation. Predictably, I was aggressively attacked by a New York Times reporter all too ready to defend the two of them, and all too ready to distort my words. Let me assure you, I didn’t back down, and I didn’t let him bully me. I think it is high time that conservatives find the courage to expose the liberal press for what they are, a defender and enabler of Romney’s and Obama’s liberal agendas.

This will probably reap great rewards.

10.35am: Let’s say there are two ways to evaluate the likelihood of the Supreme Court overturning, or at least mortally wounding, the Patient Protection and Affordable Care Act: (1) Read every explainer – or really the entirety of every legal blog over the past two years – to arrive at a conclusion based on justices’ previous rulings, overturn rates, or even (god forbid) the case’s merits, or (2) notice that there are five conservatives on the court as opposed to four liberals and just assume they’ll overturn it. The American public, according to The Hill’s latest poll, seem to be thinking more along the lines of (2):

Although voters want the court to strike the law, they don’t necessarily trust the justices’ motivations. Fifty-six percent of likely voters believe the justices are swayed by their own political beliefs, while just 27 percent believe they “make impartial decisions based on their reading of the Constitution.”

Skepticism about the justices relying on their political beliefs ran consistently among age, racial and philosophical categories, with a majority of whites (54 percent), blacks (59 percent), Republicans (56 percent), Democrats (59 percent), conservatives (54 percent), centrists (56 percent) and liberals (59 percent) expressing the same viewpoint.

10.17am: Not that he matters in any way whatsoever, but here is a new ad from Herman Cain in which a bunny is launched from a catapult and then shot in mid-air.

You’ll recall that Herman Cain led a major party’s race for its presidential nomination for several whole weeks last fall.

10.13am: President Obama, as ABC’s Jake Tapper reports, got himself into a bit of hot mic trouble near the end of his 90-minute meeting with Russian president Dmitri Medvedev this morning. Here’s the eerie transcript, in which Obama pleads for “space” on missile defense until his would-be reelection is out of the way:

Obama: On all these issues, but particularly missile defense, this, this can be solved but it’s important for him to give me space.

Medvedev: Yeah, I understand. I understand your message about space. Space for you…

Obama: This is my last election. After my election I have more flexibility.

Medvedev: I understand. I will transmit this information to Vladimir.

The White House has responded that with Russia having only recently resolved (in its own special way) its “election,” and the United States still having eight more months until its election that’s already been under way for a year, it’s true that neither side expects to get much done in the near term.

10.00am: Good morning and welcome to your Monday politics liveblog. This is Jim Newell writing from Washington. While you can usually find me at Wonkette these days, I’ll be substituting this week to bring you all the freshest political misery.

Most of today’s focus will be on the Supreme Court health care reform hearing, as Ryan Devereaux writes in our briefing of the morning’s events, but sadly the Supreme Court can’t fit us all as spectators. So we’ll have plenty of time to cover the other stuff – what mean things Rick Santorum said about Obama, or Mitt Romney said about Santorum, and so on, forever.

The main focus of political news comes away from the campaign trail today as 26 states challenge the constitutionality of the Obama administration’s signature health care legislation in the Supreme Court. A new CBS News/New York Times poll finds more Americans continue to disapprove of the president’s federal health care law than support it. According to the poll, 47% of Americans disapprove of the Affordable Care act while 36% approve, 16% don’t have an opinion. The issue has been prominent on the campaign trail: last week the Obama administration decided to embrace the term “Obamacare”, a phrase often used pejoratively by the president’s challengers.

Rick Santorum took a swing at Mitt Romney on Sunday, calling him “the worst Republican in the country to put up against Barack Obama.” Speaking in Wisconsin over the weekend, Santorum added that the former Massachusetts governor was “uniquely disqualified” to serve as the GOP’s presidential candidate. “Pick any other Republican in the country. He is the worst Republican in the country to put up against Barack Obama,” Santorum said. When pressed about his comments by a reporter, Santorum responded with obscenities. “Quit distorting my words. It’s bullshit.” Both the Obama and Romney camps have capitalized on Santorum’s outburst to cast him as a panicky and unhinged candidate in the final days of a failing campaign. It’s also earned him the nickname, “Tantorum”.

A senior White House adviser, David Plouffe, hit back at Rick Santorum and Newt Gingrich for their “reprehensible” comments on the Trayvon Martin shooting. On Friday President Obama expressed his sympathy for the Martin family, saying: “If had a son, he would look like Trayvon.” Gingrich said the comments were divisive, and Santorum said the president was “politicizing” the issue. Plouffe said the comments were “reprehensible” and appealing to voters’ “worst instincts”.

guardian.co.uk © Guardian News & Media Limited 2010

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  1. […] Central.comRepublicans vow to end 'Obamacare' with or without courtAFPThe Guardian -Imperial Valley Weekly -CBS Newsall 9,340 news articles » Posts Related to Health-care provision at […]

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