Am I wrong to be optimistic?
not at all, i think we have an even up chance on the merits and from what i read this AM, they are not inclined to punt on this, as some feared they would, by saying it’s not ripe for decision. they seem to want to decide on the merits, and i also read that both sides were questioning calling the individual mandate a TAX and since that’s the argument the gov’t is advancing as one way around the commerce clause, the fact that they are skeptical of it being called a tax, is good. The gov’t is arguing TODAY that it’s not a tax for purposes of the Anti-Injunction Act, but will be back tomorrow to argue it IS a tax in their merits argument. you NEVER want to be in that position as an atty arguing a case, it’s truly impossible.