You are using an outdated browser. Please upgrade now to a modern browser in order to benefit of all our site's features: Chrome, FireFox, Opera, Safari or Internet Explorer. [Close]

The Official Blog of Fox News Channel

Author of SCOTUSblog: Government Having a Hard Time Convincing Supreme Court of Health Insurance Mandate

Author of SCOTUSblog and renowned attorney, Tom Goldstein, appeared on America Live to discuss the pending decision of the constitutionality of the health care bill. Megyn Kelly asked Goldstein what his overall impression of the hearings so far has been. He said, “It was an extremely hard day for [the government]. They have what they expected, which is four votes and four votes doesn’t do you any good at the Supreme Court. They need a fifth … They’ve got the four liberals.”

Goldstein explained, “You also have to listen to the fact that [the two lawyers challenging the mandate] weren’t asked very hard questions and that tells you as much as everything else.”

Regarding the mandate, Goldstein said, “Doesn’t the government bear a special burden of justification here? Don’t you have to come up with some special reason for allowing this to be constitutional and the conservatives certainly didn’t seem to think from the oral argument that they had articulated that special justification.”

Given Justice Kennedy’s skepticism, he said, “The government may actually be looking to John Roberts or Sam Alito who haven’t really taken a very hardcore stage right view of things to see if they can get a vote from them, but there wasn’t a lot of encouragement there either.”

Posted in: 
Leave a Comment0

Today's Front Page Stories

Don't want to keep checking back here for the latest from Fox News? That's cool. We'll come to you ...

Connect with Fox News

Subscribe

Stay connected with the most-trusted name in cable news through exclusive videos, blogs, polls, contests and behind-the-scene details.

Get More Fox!

Greta Is Wired!

GretaWire.com is the official blog of Greta Van Susteren. Get Greta’s breaking news alerts, pictures, videos, polls, and behind-the-scenes exclusives. Plus, speak out on open threads, as well as the live chat page. Connect to the GretaWire community ... and to Greta herself!

Fox News Presents: 'My America with Elisabeth Hasselbeck'

Fox News Channel presents an exciting new feature series, My America with Elisabeth Hasselbeck. From the quirky to the inspirational, "My America" reveals who we are as a nation – driven, passionate and uniquely American. Watch the latest installment, 'The Guardian Angel,' here.