As I understand it (I’m not a lawyer)
Day 1 (today): Jurisdiction of the Court to rule on the case... at least the ‘tax’ portion. Arguments about applicability of the Anti-Injunction Law to Obamacare. Arguments about whether the failure to buy insurance (as required by the Individual Mandate) constitutes a tax or a penalty. (Duh, it’s a penalty). If they rule it’s a tax, then arguments on this cannot be done until 2015 or later. SCOTUS hired their own guy to investigate this.... they are taking it seriously.
Day 2: Individual Mandate arguments.
Day 3: Severability issues.
Today’s Oral args. up on CSpan now.
katie, see #53.
One of the lower courts held that the Anti-Injunction Act barred any challenge to the constitutionality of the individual mandate before 2014. The Obama administration is not making that argument, so the Court appointed a lawyer to argue the lower court's position.