Obamacare Case Oral Arguments Transcript and Cheat Sheet

The Supreme Court has now released the transcript of the oral arguments on the central issue of the Obamacare case: whether the individual mandate established by the Affordable Care Act violates the Commerce Clause. The full transcript can be found here. The audio of the arguments can be found here (although it is difficult to tell who is speaking).

Remember to come back for my take on the arguments, which I will post within the next couple of weeks. If you don’t want to have to check back for that, you can have the post sent to you via email by subscribing with the link at the right of the screen.

To aid in understanding the transcript, I am including a glossary of terms and identities of justices below.

  • Raich– 2005 case holding that Congress could regulate the local possession of marijuana pursuant to the Commerce Clause
    • Scalia and Kennedy both voted to uphold constitutionality
  • Morrison– 2000 case striking down a law giving women a right to sue for sexual assault in federal court based on the Commerce Clause
    • Scalia and Kennedy both voted to hold the law unconstitutional
  • Lopez-1995 case striking down a law making it illegal to possess a gun within 1,000 feet of a school based on the Commerce Clause
    • Scalia and Kennedy both voted to hold the law unconstitutional, but Kennedy hesitated before doing so
  • Wickard – 1942 case holding that Congress could regulate a farmer’s growth of wheat for his own family’s consumption based on the Commerce Clause
  • Chief Justice Roberts – appointed by George W. Bush – will likely vote to strike down Obamacare, but could vote to uphold
  • Justice Kennedy – appointed by Reagan – regarded as the swing vote – for all practical purposes his vote will decided the Obamacare case
  • Justice Scalia – appointed by Reagan – often regarded as the conservative intellectual leader of the Court – his vote is close to a tossup – he is probably slightly more likely to vote to strike down Obamacare
  • Justice Alito – appointed by George W. Bush – will likely vote to strike down Obamacare, but could vote to uphold
  • Justice Ginsburg – appointed by Clinton – near automatic vote to uphold Obamacare
  • Justice Breyer – appointed by Clinton – automatic vote to uphold Obamacare
  • Justice Sotomayor – appointed by Obama – near automatic vote to uphold Obamacare
  • Justice Kagan – appointed by Obama – near automatic vote to uphold Obamacare
  • Justice Thomas – appointed by George H. W. Bush – automatic vote to strike down Obamacare (almost never speaks during oral argument)
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2 Responses to Obamacare Case Oral Arguments Transcript and Cheat Sheet

  1. villagebear says:

  2. Pingback: Step-by-step Guide to Reading the Obamacare Decision | more than twenty cents

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