Morning Briefing
Summaries of health policy coverage from major news organizations
Roberts, Kennedy Viewed As Pivotal To High Court's Health Law Decision
Three years ago, a gruff-sounding Chief Justice John G. Roberts Jr. asked a question during the marathon hearings on the constitutionality of the Affordable Care Act about whether the mandate that individuals buy health insurance was really more like a tax on those who do not. It got a little bit lost in the blizzard of words that accompanied the hearings, but turned out to be the foundation of Roberts鈥檚 opinion saving Obamacare. Now, in the analysis of Wednesday鈥檚 King v. Burwell hearing, Roberts might be overlooked again. (Barnes, 3/5)
Whether Obamacare survives its latest trip to the Supreme Court surprisingly could come down to a question of the federal government's power over the states. After nearly 90 minutes of oral arguments Wednesday, there's generally agreement the expected ruling in the case -- questioning the legality of subsidies for millions buying health insurance through 34 federal-run exchanges -- is too close to call. Chief Justice John Roberts, the pivotal swing vote upholding the Affordable Care Act three years ago, gave away nothing that would show which way he's leaning. Justice Anthony Kennedy, who voted to strike down the entire law last time, asked tough enough questions of both the plaintiffs and the federal government that indicated his vote could be in play. (MIllman, 3/5)
Chief Justice John G. Roberts Jr. usually displays his supple intellect and competitive nature at Supreme Court arguments, where he makes points and punctures the positions of the lawyers who appear before him. But on Wednesday, hearing one of the most important cases in his almost 10 years on the court, he turned into a sphinx. He asked just a few questions as other justices repeatedly talked over one another during arguments over the fate of President Obama鈥檚 health care law. (Liptak, 3/5)
The last time Obamacare faced the Supreme Court, it was Chief Justice John Roberts who made the deciding vote to save the health care law. This time Obamacare鈥檚 savior may actually be a man who tried to kill it three years ago and his reason may have nothing to do with health care. (Ehley, 3/6)
