David Catron writes in the American Spectator:
The good news, for the government lawyers who on Wednesday defendedagainst a constitutional challenge brought by 26 states, is that the judges of the Atlanta appeals court asked no questions about broccoli. But their good luck appears to have ended there. The three judges who heard the Obama administration’s legal justification for the individual mandate peppered acting U.S. Solicitor General Neal Katyal with obviously unsympathetic questions about the government’s claim that Congress has the power to order Americans to buy products from private corporations. Katyal, who was assigned the task of defending this proposition by Elena Kagan before she became a Supreme Court justice, produced the familiar administration arguments about the need to force everyone into the system if it is to work. …
Assuming the high court deigns to hear the case, it will end up being argued and decided in the midst of the 2012 election cycle. Further complicating matters is the awkward reality that one of the Supreme Court justices, Elena Kagan, was obviously involved in orchestrating the legal defense of ObamaCare. Thus, there will be legitimate calls for her to recuse herself from any case involving that law.
Read the whole article: Obamacare Has Another Rough Day in Court.