Today’s 90-minute opener for three days of oral argument involves the dullest and most technical of issues: Can the Supreme Court even consider this case? Does it have jurisdiction?
In other words, after inviting everyone over for a gigantic constitutional law party, does it have to end shortly after serving a few hors d’oeuvres? What about that tasty main course involving the individual mandate?
Don’t worry. The argument will get better, and more interesting, tomorrow. And the Court appears unlikely to dismiss the case challenging the Affordable Care Act’s (ACA’s) individual mandate on jurisdictional grounds.