Don’t believe anyone who is highly confident of the overall outcome of this case. (Jeffrey Toobin of CNN has written so strongly of the death of health reform that he has convinced me not to pay attention to him in the future.) This case is important, it’s unprecedented (in a technical sense – there is no clear ruling precedent), and the one thing that does seem clear from the oral argument is that it should be close. But here are my guesses, on each of the four questions the Court asked the parties to address….
So writes Stanford Law School Professor Hank Greely in a thoughtful essay packed with inside information about the SCOTUS really works.