bjbjLULU JUDY WOODRUFF: The nine justices of the Supreme Court took their initial votes
today after three days of arguments this week on President Obama's health care law.
Their decision is not expected until late June.
The vice president told CBS in an interview that the administration's focus is on implementing
the two-year-old law, not on the court's deliberations.
VICE PRESIDENT JOSEPH BIDEN: No one's made any money betting an outcome of cases based
on the oral arguments and the questions asked.
We think -- we think the mandate and the law is constitutional, and we think the court
will rule that way.
I just think we should focus on what is the law doing for people now, and what would happen
if, in fact, the Republicans were able to repeal it.
JEFFREY BROWN: Former Massachusetts Gov. Mitt Romney signed into law a bill similar to the
one passed on the federal level.
But he told an audience in Wisconsin today that, if the court doesn't strike down the
Affordable Care Act, he hopes to repeal it.
MITT ROMNEY (R): If Obamacare is allowed to stand, government will directly control almost
half of the U.S. economy.
Government must have -- it's got to be smaller.
It has got to have strict limits placed on its power.
Obamacare violates both of those principles, and, if I'm president, I will repeal it.
(CHEERING AND APPLAUSE) JUDY WOODRUFF: Also today, the Republican National Committee was
criticized for releasing a Web video that manipulated audio of U.S. Solicitor General
Donald Verrilli.
The audio was edited so that it would exaggerate pauses he made while arguing Tuesday for the
government in favor of the health care law.
DONALD VERRILLI, solicitor general of the United States: Because the -- the -- the -- excuse
me.
JUDY WOODRUFF: Joining us now is Marcia Coyle with The National Law Journal.
She covers the Supreme Court for the NewsHour and she was there for the arguments this week.
And welcome back.
MARCIA COYLE, The National Law Journal: Thanks, Judy.
JUDY WOODRUFF: So, of all the cases that come to the Supreme Court, clearly this among the
most important, Marcia, not just judging health care reform, but judging the ability of Congress
to make law.
MARCIA COYLE: That's right, Judy.
I mean, very fundamentally, the court is examining the scope of Congress' power to make laws
under the Constitution.
So whatever the court decides in the health care case, it's likely to have an impact on
Congress' ability to address problems down the road that are problems with national scope
or nature.
The court may announce limits on Congress' power.
We don't know.
But it certainly goes beyond the health care law that is at issue right now.
JUDY WOODRUFF: So, today, the justices, after the hearings earlier this week, they met.
They had a conference.
Tell us what goes on.
. . MARCIA COYLE: Sure.
There is a room off the chief justice's chambers.
It's a stately room with a fireplace, and it also has an oblong table.
The chief justice sits at the head of the table.
Justice Scalia is at the other end.
He is the senior associate justice.
And the chief, by tradition, presents the case to the other justices, says his vote,
gives an explanation.
And then, by seniority, they go around the table announcing their votes.
If the chief justice is in the majority at the end of that vote tally, he will assign
the majority opinion either to himself perhaps or to another justice.
And then, if he's not in the majority, the justice who is next in line most senior in
the majority will do the assigning of the opinions.
Then we go through a period where the justices are drafting opinions, they're exchanging
thoughts, and the ultimate result probably will be in June.
JUDY WOODRUFF: So do they talk about the case between now and the end of June, or do they
just exchange written opinions?
MARCIA COYLE: They really do primarily communicate through the draft opinions.
There is some discussion in conference when they vote, but, really, this is a body that
talks through its writings.
JUDY WOODRUFF: And, Marcia, do they typically hold to the same position that they held today,
the day of this conference, or could that change?
MARCIA COYLE: Well, probably more often than not, but there have been examples throughout
history, and even in recent times, of justices changing their minds.
Even the justice assigned to write the majority opinion may change his or her mind.
There was an example I think in the '90s when Justice Kennedy was writing a majority opinion
involving prayers at high school graduations, and he changed his mind, and he ended up writing
a majority opinion, but with a different four justices joining him.
JUDY WOODRUFF: But, typically, it's felt that -- it's believed they stick to the opinions.
. . MARCIA COYLE: Generally, they do, I think.
JUDY WOODRUFF: So a political question, Marcia.
You ve seen this ad that -- the Web ad that the Republican National Committee put out
today.
. . MARCIA COYLE: Yes.
JUDY WOODRUFF: . . . essentially doctoring some of the audio of the court argument on
Tuesday, making the government attorney's presentation sound worse than it was, more
hesitation on his part, sipping water and so forth.
What are your thoughts about that?
MARCIA COYLE: Well, first of all, the solicitor general, Donald Verrilli, had something of
a frog in his throat.
And he did clear it and got through his argument.
As far as the RNC ad goes, my initial thought is, it's dishonest.
If it's dishonest, it's inexcusable.
My second thought was that it may well have an impact, beyond that, on the public's ability
to get the court to be more transparent in its proceedings.
The court has resisted cameras in the courtroom, partially out of fear that it will be misused
on TV.
Chief Justice Roberts this week bent his rule of putting up audio of the arguments regularly
on Fridays of arguments week, so that we could have it on the same day.
And now it may be there will be some justices who will say, well, look, even the audio is
abused.
No way we will let cameras in the courtroom.
So I think really the harm is to the public more than anything.
JUDY WOODRUFF: Well, we will leave it there and we will be watching.
Marcia Coyle, thank you.
MARCIA COYLE: My pleasure, Judy.
JEFFREY BROWN: You can find blogs from Marcia and all of our coverage of the court hearings
this week archived on our health page at NewsHour.PBS.org.
urn:schemas-microsoft-com:office:smarttags State urn:schemas-microsoft-com:office:smarttags
country-region urn:schemas-microsoft-com:office:smarttags place JUDY WOODRUFF: The nine justices of
the Supreme Court took their initial votes today after three days of arguments this week
on President Obama's health care law Normal Microsoft Office Word JUDY WOODRUFF: The nine
justices of the Supreme Court took their initial votes today after three days of arguments
this week on President Obama's health care law Title Microsoft Office Word Document MSWordDoc
Word.Document.8