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The argument is done

A quick update from the steps. Towards the end of the argument the most important question was Justice Kennedy’s. After pressing the government with great questions Kennedy raised the possibility that the plaintiffs were right that the mandate was a unique effort to force people into commerce to subsidize health insurance but the insurance market may be unique enough to justify that unusual treatment. But he didn’t overtly embrace that. It will be close. Very close.

Recommended Citation: Tom Goldstein, The argument is done, SCOTUSblog (Mar. 27, 2012, 12:08 PM),