OBAMACARE AND SCOTUS, TWO DAYS, TWO STRIKES
From day one in this Obamacare nightmare those supporting the debacle have denied it was a tax, but as their day before SCOTUS drew closer lawyers began referring to it as a tax in order to use a little known law from the late 19th Century which stated that any tax cannot be overturned or taken up by the High Court until it has been implemented and monies collected. As such the Court would have to throw out the case until full implementation takes place in 2014.
It wasn't just the conservative Justices who had a problem with this argument as Justices Breyer and the extremely liberal Ginsburg both questioned the validity of the law being called a tax while Justice Alito actually called the Obama lawyers on it directly when he stated to them that, "today," (referring to the first day of arguments), they would be calling it a tax and, "tomorrow," ( referring to the second day), they would not call it a tax.
Day two brought the hardest blow for Obama and the governments case when Justice Scalia interrupted Justice Ginsburg, which is highly unusual and questioned her assertion during a discussion with Verrelli the governments lead attorney that since all citizens would at one point require health care services it is therefore proper that the government require health care insurance. Scalia stated that every citizen must eat so should the government require citizens to eat broccoli?
The worst, (or best if you like me are against Obamacare), blow to the governments case came from Justice Kennedy who is considered the swing vote. Kennedy stated that the mandate, "fundamentally changes the relationship between the government and its citizens," and as such oversteps the limitation of government and the Commerce Clause which is the Constitutional provision the the Obama administration considers its justification for the mandate.
The first two days of arguments before SCOTUS on Obamacare have been good news and a very good sign that this unconstitutional law will be overturned by the High Court. While still not set in stone that it is an absolute with the Court, the fat lady is beginning to dress for her song singing the death of Obamacare.