Supreme Court Wrapping Up "ObamaCare" Hearing: What to Expect on Day Three

Today is the final day that the Supreme Court will be hearing arguments on constitutionality of "ObamaCare." On the agenda for today: a game of "What if?" Specifically, the justices will hear arguments on what would happen if the court strikes down the healthcare law's core provision that requires all Americans to purchase health insurance.

The healthcare law does not contain a "severability clause" that would allow the law to stay in force even if part of it is declared unconstitutional. The Obama administration argued in its brief that the high court should hold that only two provisions of the law can't be severed from the individual mandate. Those two provisions are:

1. The "guaranteed issue" - that insurance companies are required to offer coverage to anyone, no matter how seriously ill, and
2. "Community rating," which prevents insurance premiums from varying according to an individual's health characteristics or status.

The states, on the other hand, are arguing that removing the individual mandate would remove "a large coherent whole to preserve the small discrete parts" and that the court should strike down the law and send it back to Congress for rebuilding.

The court will also hear arguments on the constitutionality of Congress's expansion of the joint federal-state Medicaid program. Previously, the states were only required to offer Medicaid to low-income people in set categories: families with dependent children, the elderly, the blind, the disabled, children and pregnant women. Under the new law, states would be required to cover all individuals under 65 with incomes up to 133 percent of the poverty level.

To follow along with the proceedings, click here.