Opponents of the 2010 health care overhaul law protested in washington outside the supreme court building on tuesday , the second of three days of hearings on the law 's constitutionality .
In 2009 , the supreme court ducked ruling on the constitutionality of the voting rights act in an opinion by chief justice john roberts jr. that nonetheless laid out arguments for its unconstitutionality .
If you look at the history of nations that maximized the virtues that we associate with democracy , you notice that what came first was constitutionality , rule of law , and the separation of powers .
It was a chance for each lawyer to turn justices to his cause . Given the suit 's serious nature , explained anthony kennedy , a crucial swing vote on the bench ( see lexington ) , it was up to mr verrilli to prove the mandate 's constitutionality .
