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Constitutional scholars know there's much more at stake in the Supreme Court's decision on the Obama health care overhaul than one election. The case could mark a major turning point in the way the Supreme Court interprets the Commerce Clause of the U.S. Constitution.
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By the end of Wednesday's argument, it seemed pretty clear that if there are five votes to strike down the individual mandate, there likely are five votes to strike down the entire Obama health care overhaul.
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The Supreme Court on Wednesday heard the last of three days of oral arguments on the fate of President Obama's health care law. The afternoon arguments focused on the issue of the expansion of the Medicaid program.
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If the justices find the insurance mandate unconstitutional, will they strike down the entire health care law? The top five moments from Justice Antonin Scalia could offer clues about the thinking of the court's conservative majority.
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The Supreme Court on Wednesday heard the third of three days of oral arguments on the fate of President Obama's health care law. The morning arguments focused on the issue of severability, or whether certain parts of the health care law can remain in effect, or if the whole law needs to be scrapped.
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Questioning earlier this week suggested the health care law's mandate might be in peril. Today, the Supreme Court considered whether other parts of the law could still stand if the mandate falls. "It looked today that if there are five votes to strike down the mandate, there might be five votes to strike down the whole law," said NPR's Nina Totenberg.
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The justices will hear arguments Wednesday over whether the health law's expansion of Medicaid for the poor unfairly forces the states to participate. And their decision could greatly affect the relationship between the federal government and the states.
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If the Supreme Court decides that Congress exceeded its constitutional authority in enacting the part of the law that requires most Americans to either have health insurance starting in 2014 or pay a penalty, does that invalidate the rest of the law? And if not, how much, if any, of the rest of the law should it strike down?
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Cameras aren't allowed. There are no broadcasts. No one's supposed to leave the courtroom and then come back in. But word is getting out as the Supreme Court takes up the health care overhaul.
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The Supreme Court on Tuesday heard the second of three days of oral arguments on the fate of President Obama's health care law.