The universal pundit sentiment seems to be that oral arguments didn’t go well for proponents of the Affordable Care Act — so much so that Jeff Toobin of CNN declared that the law is in major trouble. Of course I’m generally skeptical of such insta-analysis. Having partially read through the transcript it seems that much of the reaction is based on the personal performance of SG Verrilli, which was admittedly poor, especially compared to the law’s opponent spokesman Paul Clement.
Yet this assumes that SCOTUS judges the merits of the case only based on such things, which I don’t think anyone would seriously argue. If on any given case the Justices can come up with better arguments for either side then I imagine they wouldn’t limit themselves to the arguments presented at the hearings.
But hey! Judge for yourself: here is the link to the audio and transcript from today.