Just posted on the website of the New York Times, more evidence that, as Adam notes below, the mandate is in trouble:
“Can you create commerce in order to regulate it?” Justice Anthony M. Kennedy asked the lawyer, Solicitor General Donald B. Verrilli Jr., only minutes into the argument.
Justice Antonin Scalia soon joined in. “May failure to purchase something subject me to regulation?” he asked.
Chief Justice John G. Roberts Jr. asked if the government could compel the purchase of cellphones. And Justice Samuel A. Alito Jr. asked about forcing people to buy burial insurance.
The conventional view is that the administration will need one of those four votes to win, and it was not clear that it had captured one.
Too early to pop the corks, of course. But lay in some champagne.
ObamaCare delenda est.