Day two of the Supreme Court arguments on the Affordable Care Act was considered the “main event” of the proceedings as the two sides debated the constitutionality of the individual mandate.
Solicitor General Donald Verrilli argued before the court that the individual mandate is acceptable in the health care sector because of its unique nature. The argument was not well received with Justice Scalia:
“Necessary does not mean essential, just reasonably adapted. But in addition to being necessary, it has to be proper. And we’ve held in two cases that something that was reasonably adapted was not proper, because it violated the sovereignty of the States, which was implicit in the constitutional structure.”