In an afternoon update from the steps of the U.S. Supreme Court, CNN senior legal analyst and New Yorker writer Jeffrey Toobin said that justices appeared to be highly skeptical of the law’s “individual mandate,” which would require every American to purchase some form of private health insurance.
“This law looks like it’s going to be struck down,” he said, remarking on the seemingly wary reactions of the justices. “I’m telling you, all of the predictions, including mine, that the justices would not have a problem with this law were wrong.”
He added that Justice Kennedy, largely considered to be the key swing vote on the case, appeared extremely skeptical of the individual mandate as well.
The Supreme Court has been hearing arguments for and against President Barack Obama’s health reforms since Monday, but there is no ruling yet and it remains unclear where the justices will fall on the issue. It all still hinges on several competing factors, and the court might not even issue a decision on the mandate until it takes effect in 2014.
A recent survey of former Supreme Court clerks and lawyers who have argued before the court found that over 50 percent expect the individual mandate to be upheld. Only 35 percent thought it would be struck down.
This video was broadcast by CNN on Tuesday, March 27, 2012.