(Day 2 of Supreme Court hearing)
What was very encouraging today is that Justice Anthony Kennedy, considered to be the swing vote in this issue, expressed deep skepticism about the constitutionality of the mandate. In fact, he called such an idea "unprecedented" and told the Solicitor General that the government needed to answer a "very heavy burden of justification" to show how the Constitution authorizes Congress to require that people buy insurance.
As I told Megyn Kelly on FOX News today, the concerns raised by Justice Kennedy, are very telling. You can watch the interview here. As you know, I have repeatedly said it's difficult to judge the outcome of a Supreme Court case based on oral arguments. What did become clear today is that with an increasing level of skepticism about the individual mandate - and now from Justice Kennedy - could spell real trouble for the survival of ObamaCare.
(link to blog)