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Good evening -- -- -- into the right there Supreme Court justice Anthony Kennedy at least an unexpectedly candid assessment of the individual mandate today.
That -- supporters -- the Affordable Care Act could be toast.
Thank Kennedy's line of questioning has conservatives licking their chops over what other sacred cows might be right for slaughter.
The fight over the individual mandate two years in the making energize both supporters and opponents outside the Supreme Court today.
Most court watchers believe the four liberal justices Breyer Ginsburg Kagan and Sotomayor will uphold the mandate.
While the -- conservatives Alito Roberts Scalia and Thomas are likely to find the congress would be on its constitutional boundaries.
By passing a law that requires every American -- 2014.
To have health insurance coverage or pay a penalty.
That's the Phillies are focused on justice Anthony Kennedy most often the swing vote who started the arguments within initial question that seemed to rattle the -- supporters continue to create.
Congress commerce in order to regulated.
A question which gets to the heart of the argument against the law opponents say congress is attempting to force Americans -- -- marketplace.
Rather than regulating economic activity that already exists a premise that seem to trouble Justice Kennedy.
And here the government is saying.
That the federal government has a duty to tell -- individual citizen that it must act and that is different.
From what we have in previous statements.
Well it changes the relationship of the federal government to the individual.
In a very fundamental way.
-- Kennedy may be undecided it appeared that many of his colleagues are -- justices Ruth Bader Ginsburg and Elena Kagan repeatedly said.
That those who decide not to get insured are indeed having an economic impact on an existing stream of economic activity here's justice Kagan.
The aggregate of -- uninsured people are increasing.
Than normal family premium congress says by a thousand dollars a year those people are in congress they're making decision.
Justice Antonin Scalia who had been the subject to some speculation about whether or not his previous opinion tinted.
He might be open to the idea of upholding the mandate.
Today he made the possibilities seem unlikely.
Everybody has to buy food.
Sooner or later so you define the market -- -- therefore everybody's in the market therefore you can make people buy broccoli.
UP lawmakers say they were encouraged by what they heard today I would say today the government had a tough day.
Democrats though aren't conceding anything.
Very obvious that if this.
Law is unconstitutional.
That -- -- somebody can come and attack Social Security.
For the same reason that would be a constitutional.
Near the end of today's arguments Justice Kennedy admitted he had other concerns about the law including the issue of young people who choose not to get insured and by that choice do impact others medical costs.
At this point he doesn't appear to be a solid vote for either so.
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