Not Since McCulloch v. Maryland. . . Five-And-A-Half Hours of SCOTUS Argument Granted!

With the federal courts of appeal ruling three out of four, in favor of the constitutionality of the Reform Act, I think this will be a watershed moment -- and it is significant that the Court will not review the Liberty University matters (ones the challengers to the law lost on appeal).

Even so, most commentators agree that they cannot remember ever seeing 5-1/2 hours of argument time granted for one law. From the highly-regarded, largely non-partisan SCOTUSBlog.com, just now (do go read for updates there!):

. . . .The Court will hold two hours of argument on the constitutionality of the requirement that virtually every American obtain health insurance by 2014, 90 minutes on whether some or all of the overall law must fail if the mandate is struck down, one hour on whether the Anti-Injunction Act bars some or all of the challenges to the insurance mandate, and one hour on the constitutionality of the expansion of the Medicaid program for the poor and disabled. The Court chose those issues from appeals by the federal government, by 26 states, and by a business trade group. It opted not to review the challenges to new health care coverage requirements for public and private employers. It left untouched petitions by a conservative advocacy group, the Thomas More Law Center, and three of its members, and by Liberty University and two of its employees. . . .

This will be a defining moment in our constitutional jurisprudence, no matter how each of these issues is ultimately decided.

You read it here, first though -- (some eleven months ago, now!) -- my prediction: improbably, Chief Justice Roberts to pen an opinion, that Kennedy joins (along with Ginsburg and Kagan and Sotomayer), as to result only -- that upholds the mandate. There is a chance that Breyer joins Roberts, here as well, BTW.

Do stay tuned.