Two points:
The SC read all the briefs and knew pretty much everything they were going to know before the arguments were presented. There were no bombshells to change their minds.
It’s going to come down to Kennedy and Roberts - and it could very well go 6-3 to uphold the law if they decide not to get involved in a high-profile case in an election year.
Our only hope is that the two are still smarting from the SOTU speech where Zero criticized the SC to their faces and the Rats applauded.
So they might decide not to get involved, or they might operate on personal emotions.
You base this on what?
Could very well be the payback. The justices do not like publicly being made to look bad.
And the terminally arrogant Liar-in-Chief has offended many many powerful people in the past 3 years.
I think they have a passion to stick it to Obozo and will rule 5-4 to 6-3 to strike it down completely.
Bar9, you make good points.
I would add three comments:
1. I think the Justices were surprised at how poorly the Solicitor General’s defense came off;
2. Justice Kennedy has expressed concern for over-reaching and is not afraid to take a ocntroversial stance to protect the consitution - see Gore v Bush; and
3. Justices Sotomayor and kagan are NOT intellectually deep enough to sway Kennedy if he is in fact inclined to vote this mess down. In fact, they both - especially Sotomayor, came across a intellectual lightweights the past three days.