“It also seems that the individual mandate is doomed,” Toobin remarked. “I mean, Anthony Kennedy spent much of this morning talking about if we strike down the individual mandate, how should we handle the rest of the law? Now, it is less clear that they are going to strike down the whole law. There does seem to be some controversy in the court about that. Certainly there are some members of the court, Antonin Scalia, Justice Alito, who want to strike down the entire law, but it seemed almost a foregone conclusion today that they were going to strike down the individual mandate, and the only question is does
Whitfield was surprised by Toobin’s foreboding predictions. “Oh, my goodness!” Whitfield said. “Okay, so I have got about 20 seconds or so left. How might this impact arguments later on this afternoon, Jeff?”
“Well, it’s hard to imagine how things could be going much worse for the Obama Administration, but now they’re going to be dealing with the Medicaid portion, and they may decide to get rid of that as well,” Toobin concluded.
Watch Toobin’s analysis below via CNN:
(h/t RCP)