memeorandum: SCOTUS skeptical of idea that mandate is a tax (Philip Klein/Campaign 2012)

3:05 PM ET, March 26, 2012

Top Items:

Lyle Denniston / SCOTUSblog:

Argument recap: Moving on to the mandate — When Chief Justice John G. Roberts, Jr., commented at the end of Monday's first day of hearings on the health care law, “We'll continue argument on this case tomorrow,” it seemed to have a secondary meaning even if he did not intend it.

Discussion: New York Times, Opinion L.A., The Volokh Conspiracy, Outside the Beltway, Above the Law, Law Blog, Daily Kos, Los Angeles Times, New York Magazine, aca litigation blog and Le·gal In·sur·rec· tion

Adam Liptak / New York Times:

Health Act Arguments Open With Obstacle From 1867 — WASHINGTON — The Supreme Court on Monday starts three days of hearings on the constitutionality of the 2010 health care overhaul law, an epic clash that could recast the very structure of American government.

Discussion: The Hill, Reuters, Firedoglake, Althouse, DCist, The Hill, The Stranger …, Taylor Marsh, msnbc.com and emptywheel

Rebecca Buckwalter-Poza / The Atlantic Online:

How Obamacare Will Be Settled: A Primer on the Commerce Clause — As the Supreme Court hears arguments about the individual mandate, a complete look at the history of similar constitutional decisions. — Amid rampant speculation over the fate of Obamacare in the Supreme Court …

Discussion: The Agonist

Ezra Klein:

Wonkbook: Absolutely everything you need to know about health reform's Supreme Court debut — Today's the day. The Supreme Court will begin hearing oral arguments as to the constitutionality of various provisions of the Affordable Care Act. Note that phrase: “Various provisions.”

Discussion: Slate, Democracy in America, Washington Post, Washington Monthly, Bloomberg, Taylor Marsh, Jay Bookman, Balkinization, New York Magazine, The Daily Dish, New York Times and The Reaction

Philip Klein / Campaign 2012:

SCOTUS skeptical of idea that mandate is a tax — On the first day of oral arguments in the case challenging President Obama's national health care law, justices seemed skeptical that the individual mandate should be considered a tax — one of the main consitutional defenses being offered for the law.

Discussion: Hot Air, American Spectator and Outside the Beltway

Washington Wire:
Recap: Obama Health Law at the Supreme Court

Discussion: CNN, Wall Street Journal, Guardian, Mediaite, SCOTUSblog and aca litigation blog, more at Mediagazer »

Ed Kilgore / Washington Monthly:
Today's Threshold Issue

Discussion: The Reality-Based Community, Crooks and Liars and SCOTUSblog

Politico:
First glimpses of Supreme Court's thinking on health law

Discussion: Alan Colmes' Liberaland, The Hill, The Hill and No More Mister Nice Blog

Jake Tapper / ABCNEWS:

President Obama Asks Medvedev for ‘Space’ on Missile Defense — ‘After My Election I Have More Flexibility’ — SEOUL, South Korea — At the tail end of his 90 minute meeting with Russian President Dmitri Medvedev Monday, President Obama said that he would have “more flexibility” …

Jennifer Epstein / Politico:

Obama asks Russia for ‘space’ through election — SEOUL - President Barack Obama offered a private request Monday to Russian President Dmitry Medvedev for some “space” on missile defense ahead of November's elections. — “On all these issues, particularly on missile defense, this …

Discussion: CNN, Weasel Zippers and Betsy's Page

Alicia M. Cohn / The Hill:
Obama tells Russia he'll have ‘more flexibility’ after election

Discussion: GOP 12, Indecision Forever and Hot Air

Rene Stutzman / Orlando Sentinel:

Police: Zimmerman says Trayvon decked him with one blow then began hammering his head — With a single punch, Trayvon Martin decked the Neighborhood Watch volunteer who eventually shot and killed the unarmed 17-year-old, then Trayvon climbed on top of George Zimmerman and slammed his head …

Discussion: JustOneMinute, msnbc.com, newsfeed.time.com, Weasel Zippers, Mediaite, Gawker, Le·gal In·sur·rec· tion, Colorlines and Orlando Sentinel

EURweb:

Witness Says He Saw Trayvon Attack Zimmerman (Video) — Scroll down to watch viideo report: … *Here's an interesting turn of events in the Trayvon Martin case. — A new witness to the shooting has come forward and claims the 17-year-old did in fact attack George Zimmerman …

Discussion: The Moderate Voice and Newsy

Matt Gutman / ABCNEWS:
Trayvon Martin Killing Lead Prosecutor Says George Zimmerman Could Walk

Discussion: The Huffington Post, ABCNEWS and msnbc.com

Mj Lee / Politico:
Gov. Rick Scott: Give George Zimmerman ‘due process’

Discussion: protein wisdom, Hit & Run and The Hill

CBS News:

NYT reporter: Santorum outburst was for cameras — PLAY CBS NEWS VIDEO — (CBS News) — When presidential hopeful Rick Santorum lost his cool with the press on Sunday, he was playing to the cameras to build support among conservative Republicans, the New York Times reporter who was on the other end …

Discussion: Hot Air, Washington Post, The Caucus, Outside the Beltway and The Huffington Post

John Sununu / CNN:
Romney backer: Santorum's ‘lost his discipline’

Discussion: Politico

New York Times:
Santorum Ignores Party Pressure to Quit Race

Discussion: CNN, CBS News, New York Magazine, TheBlaze.com, The Caucus and Shakesville

Al Cardenas / The Daily Caller:
Time for conservatives to unite behind Governor Mitt Romney

Discussion: Washington Wire, BuzzFeed, American Spectator and TheBlaze.com

Mj Leeand Tim Mak / Politico:
Rick Santorum defends ‘bulls—’ comment

Discussion: CNN, Daily Kos and iOwnTheWorld.com

Walter Shapiro / The New Republic: The Sad End of the Gingrich Campaign

Ed Kilgore / Washington Monthly:
Rick Finally Wins Catholics; Farewells to Newt Begin

Discussion: Mediaite and LifeNews.com

Juan Williams / The Hill:

Obama's health law proving successful — Just in time for the two-year anniversary of the passage of the Patient Protection and Affordable Care Act, the Supreme Court will hear oral arguments on the law's constitutionality this week. — This is a political column.

Discussion: Conservatives4Palin

CBS News:
Poll: 47% disapprove of Obama health care law

Discussion: Firedoglake, NationalJournal.com, LifeNews.com, Guardian and New York Times

Igor Volsky / ThinkProgress:
PRESS ADVISORY: ‘Republicans For Mandating Coverage’ Calls On The Supreme Court To Uphold Health Reform

Discussion: Blue Virginia

Hoover Institution:
Obamacare: An Unconstitutional Misadventure

Discussion: Politico, Wake up America, BillMoyers.com, New York Times, Ricochet Conversations Feed, National Review and PERRspectives

Dalia Sussman / The Caucus:
Poll: 47% Disapprove of Health Care Law

Discussion: Globe and Mail, Latest from Crain's …, The Raw Story, CBS News, The Stranger … and Prairie Weather

BuzzFeed:

In His Best/Worst Video Yet, Herman Cain Shoots A Bunny — The bunny apparently represents small business. UPDATE: Video removed from YouTube for spam, scams, and deceptive content. — Source: youtube.com — UPDATE: The video has been removed from YouTube: — We are reaching out to both sides for comment.

Discussion: Washington Wire, New York Magazine, Wonkette, The New Civil Rights Movement, Mediaite and The Daily Caller

Tim Mak / Politico:
Rabbit ‘shot’ in strange new Herman Cain video

Discussion: Little Green Footballs and DCist

Jonathan Easley / Ballot Box: Cain video shows rabbit catapulted, shot

Paul Krugman / New York Times:

Lobbyists, Guns and Money — Florida's now-infamous Stand Your Ground law, which lets you shoot someone you consider threatening without facing arrest, let alone prosecution, sounds crazy — and it is. And it's tempting to dismiss this law as the work of ignorant yahoos.

Discussion: Washington Monthly, Hit & Run, No More Mister Nice Blog, Questions and Observations, The Moderate Voice, The Mahablog, Daily Kos and Paul Krugman

Ker Than / National Geographic:

James Cameron Completes Record-Breaking Mariana Trench Dive — Solo sub dive is deepest ever. — The explorer-filmmaker emerges from his sub after returning from Challenger Deep. — Ker Than — At noon, local time (10 p.m. ET), James Cameron's “vertical torpedo” …

Discussion: CNET, Guardian, ABCNEWS, News Desk, Towleroad News #gay, The Daily Caller, Associated Press and Deadline.com

Amanda Marcotte / American Prospect:

Mad 21st Century Men — I'll have to work this in quickly before it becomes a cliché, but despite the show title, female characters have eclipsed male characters in audience sympathies on Mad Men. Identity is the show's primary concern, putting the rapidly changing gender roles …

Discussion: Hullabaloo and Feministing