How Will SCOTUS Rule on ObamaCare? The Answer May Be in the Questions.
The New York Times tallies the questions that Supreme Court justices asked during this week's oral arguments in the cases challenging the Patient Protection and Affordable Care Act:
Is the individual mandate constitutional?
GINSBURG: 1 to the lawyer arguing yes, 5 to the lawyer arguing no
BREYER: 1 to the lawyer arguing yes, 7 to the lawyer arguing no
KAGAN: 3 to the lawyer arguing yes, 6 to the lawyer arguing no
SOTOMAYOR: 4 to the lawyer arguing yes, 15 to the lawyer arguing no
KENNEDY: 6 to the lawyer arguing yes, 3 to the lawyer arguing no
ROBERTS: 5 to the lawyer arguing yes, 0 to the lawyer arguing no
ALITO: 9 to the lawyer arguing yes, 2 to the lawyer arguing no
SCALIA: 12 to the lawyer arguing yes, 0 to the lawyer arguing no
THOMAS: 0 to the lawyer arguing yes, 0 to the lawyer arguing no
If the individual mandate is ruled unconstitutional, must the rest of the health law fall as well?
GINSBURG: 1 to the lawyer arguing yes, 1 to the lawyer arguing no
BREYER: 2 to the lawyer arguing yes, 1 to the lawyer arguing no
KAGAN: 3 to the lawyer arguing yes, 1 to the lawyer arguing no
SOTOMAYOR: 11 to the lawyer arguing yes, 3 to the lawyer arguing no
KENNEDY: 3 to the lawyer arguing yes, 6 to the lawyer arguing no
ROBERTS: 2 to the lawyer arguing yes, 5 to the lawyer arguing no
ALITO: 1 to the lawyer arguing yes, 3 to the lawyer arguing no
SCALIA: 4 to the lawyer arguing yes, 8 to the lawyer arguing no
THOMAS: 0 to the lawyer arguing yes, 0 to the lawyer arguing no
Was Congress entitled to impose conditions on the states in expanding the Medicaid program?
GINSBURG: 0 to the lawyer arguing yes, 5 to the lawyer arguing no
BREYER: 4 to the lawyer arguing yes, 5 to the lawyer arguing no
KAGAN: 1 to the lawyer arguing yes, 8 to the lawyer arguing no
SOTOMAYOR: 4 to the lawyer arguing yes, 7 to the lawyer arguing no
KENNEDY: 5 to the lawyer arguing yes, 1 to the lawyer arguing no
ROBERTS: 14 to the lawyer arguing yes, 2 to the lawyer arguing no
ALITO: 6 to the lawyer arguing yes, 0 to the lawyer arguing no
SCALIA: 7 to the lawyer arguing yes, 5 to the lawyer arguing no
THOMAS: 0 to the lawyer arguing yes, 0 to the lawyer arguing no
Thomas generally does not ask questions during oral argument, but Sotomayor sure is chatty, huh? As the Times notes, research has confirmed that "justices tend to ask more questions of the lawyers whose positions they oppose."
