Day 3 of SCOTUS arguments show Obamacare in trouble

http://twitter.com/#!/frankthorpNBC/status/185034188448215041

Kennedy seemed to be weighing both completely striking the law and partially striking it IF the mandate is stricken.

— Brian Beutler (@brianbeutler) March 28, 2012

Toobin on CNN just now: "It looks like there are at least five votes to get rid of this law."

— Daniel Strauss (@DanielStrauss4) March 28, 2012

Day 3 is halfway complete in the three-day arguments of the Supreme Court case against Obama’s healthcare law. Although attorney’s for President Obama seem to have had a better day than yesterday, Obamacare still looks in trouble. One issue raised was that if the justices decided to pull the individual mandate, they would also have to read the rest of the 2,700-page law to decide what else to throw out – a task none of them wanted to do.

Audio and transcripts from the arguments will become available later in the day. Twitchy will update this post when they become available.

Argument is done. Court struggling. Most likely seems a middle ground with guarantee issue and community rating and a little more struck.

— SCOTUSblog (@SCOTUSblog) March 28, 2012

The Court is really struggling with severability. Generally speaking, the more conservative the member the more likely they were to believe that more would have to be invalidated. Justice Scalia would strike down the entire Act. Most likely would be guarantee issue, community rating and some other pieces essential to keeping insurance prices low. Tea leaves suggested that Justice Kennedy would vote to invalidate the mandate but nothing super-clear. Farr was excellent.

Justice Kennedy repeatedly asked for guidance on how the Court should deal with the rest of the law

— Jamie Dupree (@jamiedupree) March 28, 2012

Justice Ginsburg asked at one point, should this be a "wrecking operation or a salvage job?"

— Jamie Dupree (@jamiedupree) March 28, 2012

And then there’s this:

Video of @JeffreyToobin watching oral arguments: http://t.co/RMNTzQq2

— daveweigel (@daveweigel) March 28, 2012

best Clarence Thomas line from today "____"

— Sam Stein (@samsteinhp) March 28, 2012

BOTTOM LINE: No agreement evident today on how the Court should proceed if the individual mandate is struck down

— Jamie Dupree (@jamiedupree) March 28, 2012

Some highlights from the morning session:

Scalia made light of the "Cornhusker Kickback," saying it violates the "Constitutional proscription of venality"

— Jamie Dupree (@jamiedupree) March 28, 2012

Justice Kagan: "Does Congress want half a loaf; is half a loaf better than no loaf?"

— Jamie Dupree (@jamiedupree) March 28, 2012

Kennedy argued it might be a "more extreme exercise of judicial power" to leave some of the law than strike it all

— Jamie Dupree (@jamiedupree) March 28, 2012

WHAT SHOULD GO? Breyer held up two big binders, one was the mandate & related provisions, the other all unrelated

— Jamie Dupree (@jamiedupree) March 28, 2012

Chief Justice Roberts "I looked through the whole Act" — he's apparently read more of the bill than the legislators who passed it

— Joel Gehrke (@Joelmentum) March 28, 2012

Read more: http://twitchy.com/2012/03/28/day-3-of-scotus-arguments-show-obamacare-in-trouble/

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