The initial arguments in the Supreme Court hearings about the individual mandate seem to indicate that the mandate will not be accepted. The general tone of the discussions had the 4 liberal Justices supporting the mandate, and the 4 conservative Justices against the mandate. Judge Clarence Thomas sat quietly and listened to the proceedings but did not ask any questions or make any comments. It is believed that Judge Thomas will not support the mandate, thus giving a 5 to 4 advantage to overturning the mandate.
The next step is to determine if the individual mandate can be severed from the remainder of the Affordable Care Act, and those discussions are underway. Without the mandate the ability to provide health insurance to everyone will not happen.
Stay tuned for more.
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