Does Justice Kennedy Hold the Fate of the Health Care Law in His Hands?

Friday, March 30, 2012

A person carries an American flag while marching in favor of the Patient Protection and Affordable Care Act in front of the U.S. Supreme Court on March 26, 2012 in Washington, DC. (Getty) A person carries an American flag while marching in favor of the Patient Protection and Affordable Care Act in front of the U.S. Supreme Court. (Getty)

After three days of intense oral arguments before the Supreme Court, the fate of the Affordable Care Act remains uncertain. Four of the court's Democratic-appointed judges are expected to support it, while at least three of the court's Republican-appointed judges are expected to reject it. That leaves just two votes in question: Justice Antonin Scalia and Justice Anthony Kennedy. In the biggest Supreme Court cases, Justice Anthony Kennedy, more often that not, is the key swing vote. The pointed questions he asked during arguments made him the hardest to read, and suggested that once again, his opinion may be the most crucial in this case, says Adam Liptak, Supreme Court Correspondent for The New York Times.

  

Guests:

Adam Liptak

Produced by:

Mythili Rao

Comments [5]

Rose Petraglia from Staten Island

My Alzheimer's story about mom, Elena Laudati, our musical playwright living on her death bed since 10/30/2007 when her husband of 51 years died. He became her caregiver until his final day. Mom always got everyone up on that stage, find 06/1980 finding talent everywhere. Mom's first play was "Fatima" - June 1980 at SUNY Loch Sheldrake. Her musical, "Those Fabulous Icons of Sheepshead Bay" was in 1997 & 1999 at St. Peters in Monticello. Her final show was in 2002 at SUNY Loch Sheldrake. She was amazingly beautiful, something seemed to be fading...with her up there narrating, losing sight of her lines, characters frenzied, mom determine to keep chatting...soon it was ad-lib, still a great show. She was 65 years old, with never a music lesson in her life, I took her to her 1st Broadway show, Rockefeller Center, wishing the night would never end. Somehow, I felt like this could be my last moment with mom alone, peaceful, precious. We checked out some Off-Broadway Theaters, her search for stardome. Mom's been living in nursing homes since 2007 nonverbal, her last step in 2009 from a broken hip...Today, she lies quietly like responsive to music. With grandkid characters in her shows, I hoped to give mom her own. We joked about a lady who shared my name, but had twin boys, and her hospital bill sent to me for the circumcision of twin boy A...Mom paused, "Maybe my daughter could have twins one day." Today, I have identical twin boys turning 8 years old, but her window was closing when it was their time to come into the world. Grandma lived to be 100 when I was 6 months pregnant,knowing I was having twins, but didn't get to see them. Mom was diagnosed with Alzheimers in 2006, she suffered from anxiety, we tried to calm mom & dad; we were crumbling. After 30 yrs in insurance with a BBA in it, it took mom to make me realize the financial devastation families face, she lost everything she ever worked for, while all of her ticket proceeds always went to her church & community. We laughed, we cried, we live on. Thank you, (347) 524-1915.

“America, America” my husband said to me, “America, America that’s where we ought to be.” A land where we can live our dreams, Rays of hope that always beam, A place of opportunity, And rid ourselves of poverty,America, America – a land God truly blessed, America, America – that’s where are hearts will rest. But America was so FAR away, So Far Across the Sea,
And to leave my homeland, Italy… I cried and cried all day…For I did not know what I would find… When I would reach its shores, Would the people there be nice and kind,Or would they slam their doors? Yet I had to take that chance you see, Trust in God, his will for me, And Kissed Goodbye my family,For this land that promised “Liberty”. America, America…how clear my memory ;)

https://www.facebook.com/media/set/?set=a.139290929462592.23302.100001450575231&type=3#!/photo.php?fbid=164005516991133&set=a.139290929462592.23302.100001450575231&type=3&theater

Mar. 31 2012 12:22 AM
Charles

Uninsured from New Jersey:

Barack Obama appointed two of the nine to whom you are referring; Justices Sonya Sotomayor and Elena Kagan.

Indeed it is astonishing; Justice Kagan was the predecessor in holding the position now occupied by Donald B. Verilli, the Solicitor General who was so widely criticized in this week's oral argument. And yet having been that close to the passage of the law in question as well as its proponents, Kagan did not see fit to recuse herself from this case.

Of the other seven Justices, Breyer and Ginsberg were appointed by Bill Clinton. Scalia and Kennedy were appointed by President Reagan, Thomas was appointed by G.H.W. Bush and Alito and the Chief Justice were appointed by G.W. Bush.

Do you think that they are all "politically motivated and bias" [sic]? Or do you just not want to let any appointee of a Republican President have a vote?

Mar. 30 2012 11:22 PM
Uninsured from New Jersey

The fate of many uninsured Americans lies in the hands of 9 people whose decisions are politically motivated and bias. The system is a failure and there should be a constitutional amendment in term limits.

Mar. 30 2012 10:56 AM
listener

So the Democrat controlled Congress and President ramming the law through with almost no support from their Republican colleagues and massive protests against it while all opposition was defamed, derided and demonized is NOT political but challenging it in the sober legal light of day in the US Supreme Court is political? yeesh.

Perhaps the shock at this turn of events shows that the left need to listen to their opposition more like the prescient Tea Party movement that has been proved right and not defame them out of blind ideological arrogance. Of course this lesson will fall on deaf ears.

Mar. 30 2012 09:16 AM
Ramon d'Immensio from Princeton, NJ

Listening to your broadcast of opinions re "Obamacare" brought forth the image of a circus Ringmaster repeatedly introducing the act of the blind men and the elephant. Your job, at minimum, is to be the lion tamer, getting a bunch of wayward, loud and arrogant children to behave.
Issues: How is health care mandate different from automobile liability mandate, another issue to prevent free-loading.
If Congress requires health care providers to service everyone independent of "ability" to pay why can't is require you to pay?
How about a law that allows you to opt out but demands payment in the ER before you are treated?
Where was the example of the home burned to the ground when firemen refused to save it because the owner, out of district, had failed/refused to buy fire insurance (~$50/y)?
Your job is to interview not to present!

Mar. 30 2012 08:04 AM

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