While Obamacare supporters dominated the demonstrations outside the U.S. Supreme Court on Tuesday, government lawyers inside were run through a gauntlet of sharp questions.
Opponents of the controversial health-care law felt bullish about the second day of oral arguments at the high court.
"We're pleased with the questions the justices have been asking," said Pam Bondi, attorney general of Florida, which is leading 26 states in challenging the law.
Notably, Justice Anthony Kennedy, considered a swing vote on the court, repeatedly pressed Solicitor General Donald Verrilli on whether Congress could impose an individual mandate requiring all adult Americans to buy medical insurance.
Karen Harned, executive director of the National Federation of Independent Business' Small Business Legal Center, said, "It was a great day at the Supreme Court. There were strong questions from all of the justices, and we feel it came through that [the individual mandate] is unprecedented.
"This is the first time in our countrys history that Congress is requiring us to buy a product or pay a fine," Harned said.
NFIB is among the parties suing to overturn Obamacare.
Sen. Marco Rubio, R-Fla., did not attempt to predict an outcome of the case, whose arguments wrap up Wednesday, but he observed at a news conference following the day's proceedings:
"I am very proud that the state of Florida has taken the lead on challenging the constitutionality of this law. We are hopeful that the Supreme Court will see it the way we do, that this law violates simple and basic constitutional principles particularly in terms of what role the federal government should play.
"We dont know exactly how the case is going to turn out, although we are hopeful it will turn out on the side of the Constitution, but we do know this about it for sure and that is that Obamacare has been a disaster for America and Americans financially," Rubio said.
Randy Barnett, a Georgetown law professor and legal counsel for NFIB, said he felt "very good" about Tuesday's session.
"The justices appeared closely divided, with half mainly critical of the government and half critically questioning the challengers. All we can do now is wait to see which side can command at least five votes," Barnett said.
Kennedy's line of questioning expressed skepticism of the government's authority to require the purchase of insurance. But toward the end of the session, he ruminated that perhaps health coverage is a unique exception -- a position shared by the Obama administration and the four liberal judges on the court.
Tom Goldstein, author of the nonpartisan Scotusblog.com, said Kennedy's closing thoughts might be significant.
Goldstein predicted that the government could prevail by a 5-4, or even a 6-3, vote. The court is expected to rule by June.
Though opinion polls show Americans narrowly divided over the law, the crowds outside the Supreme Court have been decidedly pro-Obamacare.
Its good to have a strong presence here to show that there are a lot of people who do like this law and support it, Eddie Vale, of the pro-reform group Protect Your Care, told the Washington Post.
But Rubio said Obamacare would spell disaster for the U.S. economy.
Calling the law a "job killer," the senator said that even before its provisions kick in, "There are thousands upon thousands of small businesses in Florida and across the country that are afraid to grow or hire new people because they have no idea how this law is going to impact them.
"There are Americans who are beginning to lose their existing health-care coverage, breaking a promise that was made by the advocates when they first passed this bill.There are others who are finding difficulty accessing an existing insurance plan that will take them as a result of the changes that have been made," he said.
Rubio said he favors replacing the health-care law "with initiatives that embrace the private market, embrace free enterprise, embrace individual choice, and at the same time allow us to address the significant public policy issue that we face when it comes to health insurance.
Contact Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
