Mr. Toobin who is a lawyer and who watches the Supreme Court Proceedings for CNN TV says he thinks the individual mandate is in trouble from what he saw today. Harry Reid Majority Democratic Leader of the Senate says in regard to his own experiences with supreme courts in States and Federal Cases that often Supreme court Justices don't telegraph their final votes in his long experience. Who is right we will have to wait until June to find out their final opinions. However, if Obamacare does pass I now believe it likely won't be an 8 to 1 passage but more likely a 5 to 4 passage if it does.
The nytimes.com has a 2 hour presentation that you can listen to of them discussing all this live from the Supreme Court. I found it interesting the kinds of questions from Justices like: paraphrased: "What about making all U.S. citizens pay for their funerals when they are young so society doesn't have to do it? Or what about having everyone join an exercise gym so their health problems would be less? I found these two questions valid and I too, have some reservations about giving congress literally infinite power to enter "Every citizen into required business contracts for life."
Even if you fully agree with Obamacare on every level, the precedent of this Law might create more and more required economic encumbrances for every U.S. Citizen created by future Congresses. So, the Supreme Court HAS to look beyond the good or ill created of Obamacare forward 100, 200, or 300 years and what the precedents of passing Obamacare as a Supreme Court could or will create. They don't want a slippery slope that infinitely encumbers all citizens into a Governmental Corporate economic snare ongoing that potentially could infinitely expand economically through time.
To the best of my ability I write about my experience of the Universe Past, Present and Future
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