On the last day of arguments, Supreme Court justices debated the consequences if President Obama's individual healthcare mandate is thrown out. Tom Goldstein and Kevin Russell, partners at Goldstein & Russell, debate whether the law will survive if there is no mandate. (March 28, 2012)
On this final day of Supreme Court arguments on president Obama's health care -- Considering that the logs and even on his team in the nation has ever -- have to buy it help them. Sure it's. -- 2000. -- Whitney they're both in the courtroom on my right is not on my left is Tom Goldstein. Gentlemen you each -- -- and you get point five seconds seeking a response to that assertion I will -- you would -- stopwatch sellout line. Kevin where is it. So the big issue this morning was if the court cause of individual mandate is unconstitutional. Doesn't take a whole sector downwind and part of the statute are only the mandate. I think the court is ultimately all it takes on several important parts of those factors and uncle. Yeah that's right and if you go a lot further there is a real effort by some more conservative justices and this is all part of one act as I had no clue what congress would want me to do here so let's just throw back across the street. In the afternoon we went on Medicaid art institute which is the expansion of Medicaid adding people to the -- there I think the government's going to be better finally got some early and the Supreme Court. And it probably will uphold that this provisionable. -- -- -- -- I think down the hall the government can be really disappointed with the past three days that conventional wisdom was that we're gonna win for the things they really care about seem like there on the chopping them. You're I think that's probably right I think that I have more reason to vote this afternoon with respect Medicaid I think for example Justice Scalia. Seemed to think that if states don't like the conditions -- of the funding from the state the -- -- -- -- I think at the end of the day we're gonna end up here with the statute that doesn't look a lot like it congress hoped it was an acting. And you know we'll see what happens but I think that's where -- -- them. Well the next thing happened is the November elections because they're gonna and this disease and an engine and an affirmative action packed town are. And the past voting rights act gay marriage goes on on the supreme protections to be at the senate election. And your final. I think is that you know entire. Process operation you shouldn't blame the Supreme Court -- -- -- a conservative majority lot of Republicans and Democrats to win. It really is an extraordinary thing. A judicial review in the democratic process all over the course. -- do think nonetheless. It's probably gonna try not to be a pretty closely ideologically divided -- -- Got a question about you guys Tom upstart. In the end. There's this -- get overturned. The important parts of it are really it's going to be incredibly close I think ultimately if I don't win I wouldn't bet up. I think that the mandate -- -- we wouldn't be part of the speculative. I think both sides -- a good job on presenting their arguments. And the government. Did a very good job. Explaining. How the health care insurance market works how the health care market works and why this is unique.