The Supreme Court, it would seem, did not want you to see what it was up to on Wednesday. The robed nine were hearing oral arguments in King v. Burwell, a legal effort by conservatives to dismantle Obamacare and probably the most politically charged case to appear before the high court since Bush v. Gore. But, as always, there was no video of the proceedings and, curiously, the court chose not to release same-day audio of the argument.
I went to the argument, as I have for the last decade, to attempt to paint for readers a verbal picture of the atmospherics in the room, such as Samuel Alito’s eye rolls, Sonia Sotomayor’s hectoring, and Clarence Thomas’ states of repose. But this time, court staff placed me in the back corner, three feet from the door; blocking my view of the justices were two red-velvet curtains, a marble pillar, another marble pillar, and a closed brass gate carved with images of acorns, oak leaves, dolphins, helmets and plumes, animal heads, and the Ten Commandments.
Ultimately, though, there will be no hiding what happened in that chamber Wednesday. Ninety minutes of lopsided argument in favor of the Obama administration’s defense cast significant doubt on what had been a plausible challenge to Obamacare’s legality. The conservative majority could still knock down the law, of course, but given the ambiguity exposed Wednesday, it would now be a breathtaking surprise for the justices to cause such massive upheaval — causing a death spiral for the rest of Obamacare — based on such a slender legal reed.
The four liberal justices furiously picked apart the arguments of Michael Carvin, who had also argued, unsuccessfully, in a 2012 challenge to the health care law. Alito and Antonin Scalia were not as aggressive as usual in their questioning of the Obama administration’s lawyer, and Chief Justice John Roberts was almost as silent as Thomas. Anthony Kennedy, perpetual swing vote, had some serious doubts about the argument against Obama- care.
