Supreme Court arguments in landmark challenge to President Barack Obama’s health care reform bill closed on an uncertain note today, as the justices appeared split on whether the entire law could stand without the individual insurance mandate.
The court now has 48 hours to vote on the trial, but the news likely won’t be made public until June, after the Nine have handed in their final decisions and written briefs for and against the prevailing vote.
Whichever way the court rules, the provisions directly affecting the medical device and biotechnology industries will likely stay intact; In other words, the 2.3% medical device tax likely isn’t going anywhere, Boston University health law program director Kevin Outterson told MassDevice.com.
Few are willing to make solid projections on how the scales will fall, but the decision may rest on the swing vote of Justice Anthony Kennedy, according to the Wall Street Journal. But the surprise "wild card" could wind up being Chief Justice John Roberts, leader of the court’s conservative wing. His probing questions during the trial seemed to favor the government at times and the challengers at others, according to the newspaper.
Roberts seemed to agree with the government’s position that everyone is in the health-care market, regardless of their insurance status, but also noted that "all bets are off" on what the government could regulate in the future if the individual mandate survives, acccording to the paper.
Comments from Justices Antonin Scalia and Samuel Alito appeared to put them solidly against the law, and the ever-silent Justice Clarence Thomas is believed to side with them.
Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor are considered more liberal in their leaning, and may be friendlier to the law.