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I think our nation is on edge anxiously awaiting -- supreme court's decision on the fate of the national health care law this week the High Court hearing three days of historic arguments on Monday.
The justices try to determine if and if and -- obscure tax law could stop the health care -- will be even even being hurt.
Then on Tuesday lawyers arguing in the heart of the health care law and the source of the funding the individual mandate is it constitutional or not.
The argument here is that this also -- may be necessary but it's not proper because it violates.
And equally evident principal in the constitution.
Which is that the federal government is not supposed to be a government that has all powers.
That is supposed to be -- government of limited powers and that's what all this questioning has been about what.
What is left if if the government can do this what what what else -- and it not do.
Wednesday and this -- -- question if the court does strike down the individual mandate.
Does that kill the entire health care law.
We -- questions.
Whether we say everything you do you know -- Nash died from scratch.
Or to say can't fit them anything -- them independently to do frankly would this.
There -- affordable health care and there's some.
Men and maybe it's -- congress to decide where there weren't going to be in perhaps.
So why shouldn't we say.
The situation between hit a -- in operation which is what you -- requesting.
All -- salvage job and the more conservative.
Approach would be -- rather than throwing out everything.
-- supreme -- going to tell us their answers soon.
Well not exactly most expect we will get the word late June and many suspect that the decision could come down to just one justice justice Anthony Kennedy.
Christopher -- -- -- justice Kennedy's former -- he joins us thanks you Chris great great to be here okay so we -- yeah I was a dozen -- over it's now there's tonight what happens tomorrow on Friday.
So tomorrow the justices are -- -- conference.
It's a private conference with just the justices that -- still cast a preliminary vote.
-- -- -- -- -- -- -- Just the justice is just the nine of them.
Right so tomorrow they'll know whether -- 5463.
Or whatever the least -- preliminarily whether they're 5463.
Is it does it sometimes happen that they have their split whatever it is tomorrow and then later -- for some other reason the split changes.
The justices are locked in tomorrow that you know after the justices.
Have the vote the -- sign the majority opinion -- that the justice and his clerks will start working away on that.
And if that opinion isn't.
Something that the other just is wanna join -- -- -- -- movement upon them which have been which justice is going which way hypothetically say it's five score tomorrow and the chief -- in the majority he then decides who's gonna write the majority opinion that's you that's correct and it.
Now let's assume that he's not in the majority it's 54 who's gonna decide -- -- opinion whoever the most senior justices have.
-- so then so then I make that decision whatever it is tomorrow they're the preliminary vote.
And they've decided who is going to -- merrily in the majority opinion and then what happens Mac.
So the justice that's writing the opinion we'll go back to the chambers with the clerks and talk about how to craft the opinion and then go through the drafting process.
This is a really tight timeline here usually have several months to -- opinion here you have not too.
And they're less threatened for the first draft and so when suggests this feels comfortable with the first draft till then circulated to the rest of the court for comment.
Why wouldn't expect the first got to be done is -- actually at prescribed time period or is it not like that it's not like that although -- you have.
At least four different issues you have four different opinions perhaps depending on how the votes come down each of those issues.
I take it -- in a given Supreme Court whether it's this -- of justices are others that there are some clerks that are more involved in the right in some justice and more involved in the right is that fair to say that's -- have -- so the opinion so.
As of tomorrow afternoon to the clerk sent and have an idea of how the -- -- -- clerks for the justices.
Yes you -- the -- that usually -- -- chambers is different but usually the justices will go back commute their clerks report.
How the conference when panhandle start preparing the opinions that they've been signed and is our flap for a law clerks some but lost -- -- graduate from about -- law school as a forty justice that's correct okay.
Right so now -- but let me bring in let me push ahead towards June.
At some point -- they're gonna have the spot this final decision is does it have to be before the end of the term.
If it's gonna be finished this term yes it does it ever happen that it doesn't it doesn't trust short timeline litigants kicked toward the next term and not that I know of it several years ago Citizens United was a case that was re -- the next term so -- it.
Did the justices -- at a question under the case and so.
There wasn't -- -- -- next term but as far as I know the cases -- Are delivered by -- let's assume that by may fifteenth at the majority opinion is written and then gets literally passed around all these other justices to look at -- that's right including those that don't agree and at that point.
Those who don't agree one of them will Begin writing the dissent from the disagreeing opinions are supposed to some of them like the majority opinions they -- it would is another just make a stop in on the other justices say you know I think we should look at another way I mean this are still some -- -- process that went so.
For sure that they're different -- sometimes it's writing a memo saying you know I think your opinions -- need to change these five things in order to get me to join.
Other times -- -- conversations between the justices of the clerks and ordered -- to iron out the differences is it.
Always pleasant and happy and Supreme Court or -- -- the passion that we see in ordinary life among justices and -- about these things.
I found the justices to be quite collegial sometimes the -- get a little bit more.
Excited I was from the justice to be quite clear to a -- And and then at some point down there -- -- last day of June workday there will be reading of the opinion if they want to make the announcement Nasrallah and if someone's really unhappy at the -- -- the majority opinion of someone's dissented.
That first at the person's particular -- you can tell that because a person actually -- of dissent from the bench.
Perhaps yeah if there's a justice who wants agreed to send the feels particularly passionate about an issue in the case and that -- -- -- the dissent from match.
But there never any lake's -- careful -- read this -- right here anything right it's a it's a pretty pretty tight ship over there indeed it is.
Chris thank you very.