As an attorney who has argued a number of appellate cases, I can testify that judges' questions during oral arguments are not necessarily a good predictor of the outcome of a case. Judges often use oral argument as a sounding board for competing jurisprudential theories and as a vehicle for playing devil's advocate. The questions asked don't necessarily telegraph how the judges are feeling about the case, or the way they will ultimately rule. Still, the questions posed by the Supreme Court during last week's argument on the Affordable Care Act, a.k.a "Obamacare," indicate that the court is pondering not just...
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