Author of SCOTUSblog and renowned attorney, Tom Goldstein, appeared on America Live to discuss the pending decision of the constitutionality of the health care bill. Megyn Kelly asked Goldstein what his overall impression of the hearings so far has been. He said, “It was an extremely hard day for [the government]. They have what they expected, which is four votes and four votes doesn’t do you any good at the Supreme Court. They need a fifth … They’ve got the four liberals.”

Goldstein explained, “You also have to listen to the fact that [the two lawyers challenging the mandate] weren’t asked very hard questions and that tells you as much as everything else.”

Regarding the mandate, Goldstein said, “Doesn’t the government bear a special burden of justification here? Don’t you have to come up with some special reason for allowing this to be constitutional and the conservatives certainly didn’t seem to think from the oral argument that they had articulated that special justification.”

Given Justice Kennedy’s skepticism, he said, “The government may actually be looking to John Roberts or Sam Alito who haven’t really taken a very hardcore stage right view of things to see if they can get a vote from them, but there wasn’t a lot of encouragement there either.”