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Heated immigration hearing previews upcoming fight

Arizona immigration

Hundreds gathered at a rally supporting Arizona's new law on illegal immigration as they listen to speakers near the capitol Saturday, June 5, 2010, in Phoenix.

(Credit: AP)

(CBS News) Democrats in the Senate engaged in a pointed debate on Tuesday with the author of Arizona's controversial immigration law, with both sides accusing the other of distorting the facts and failing to serve their constituents.

The acrimony on Capitol Hill offered a preview of the political rancor that could erupt later this summer, when the Supreme Court rules on whether that Arizona law is constitutional. The Supreme Court is slated to hear arguments on Wednesday on whether the law, known as S.B. 1070, oversteps the states' authority on immigration law enforcement -- an obligation traditionally left to the federal government.

Democratic Sen. Chuck Schumer announced Tuesday that should the Supreme Court uphold the law, he'll introduce legislation on the Senate floor to invalidate it and reiterate the point that Congress does not intend for states to enact their own immigration schemes.

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McConnell to Obama: "Back off" on Supreme Court

(Credit: J. Scott Applewhite)

Senate Republican Leader Mitch McConnell on Thursday continued to blast President Obama for his recent remarks regarding the Supreme Court, in spite of the administration's continued attempts to explain the comments.

"Respectfully, I would suggest the president back off," McConnell said in a speech at the Lexington, Kentucky Rotary Club, according to his prepared remarks. "Let the Court do its work. Let our system work the way it was intended."

Earlier this week, Mr. Obama said that if the Supreme Court were to overturn his health care overhaul, it would be "unprecedented."

The president has sought to clarify his remarks, noting that the court traditionally pays heed to Congress, and Attorney General Eric Holder on Thursday sent a letter to an appellate judge arguing that Mr. Obama's remarks were "fully consistent" with longstanding views of judicial review.

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DOJ responds to judge on Obama's remarks

Obama, Holder (Credit: CBS)

Updated at 3:21 p.m ET

In response to a request from a federal appellate judge, U.S. Attorney General Eric Holder on Thursday offered reassurance that President Obama respects the Supreme Court's ability to interpret the constitutionality of the nation's laws.

In a three-page letter to appeals court judge Jerry Smith, Holder said recent comments from the president are "fully consistent" with longstanding views of judicial review.

Holder's letter is the latest step the administration is taking to clarify remarks Mr. Obama made this week regarding the Supreme Court's consideration of the 2010 health care reform law. Mr. Obama said Monday that if the law were overturned, it would be "unprecedented."

"Ultimately, I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress," Mr. Obama said.

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Obama: Not working on plan B for health care law

Updated 4 p.m. ET

(CBS News) -- President Obama on Tuesday reiterated his prediction from a day earlier that the Supreme Court would uphold the constitutionality of the landmark health care law and said his administration is not working on a backup plan in case the nation's highest court throws out the signature legislative achievement of his presidency.

"I have enormous confidence that in looking at this law, not only is it constitutional, but that the court is going to exercise its jurisprudence carefully because of the profound power that our Supreme Court has," Mr. Obama told editors at the annual gathering of the Associated Press.  (watch some of Mr. Obama's remarks above at left)

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WH: No contingency plans for health care law

Richard Mondale yells at a Obama health care reform supporter during a protest in front of the U.S. Supreme Court building March 27, 2012, in Washington. (Credit: Getty Images)

The Supreme Court this summer could strike down all or parts of President Obama's signature piece of legislation, the 2010 health care overhaul, but the White House emphatically maintained Wednesday that it's not preparing any contingency plans for that scenario.

"We believe the law is constitutional, and we are focused on implementing all of the provisions of the Affordable Care Act," Deputy Press Secretary Josh Earnest told reporters on Wednesday.

As to whether the White House was creating contingency plans for the law given the tough nature of the questions posed by the Supreme Court justices this week, Earnest said that is "not something we're spending a second doing."

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Will the court kill the "good" with the "bad"?

supreme court, health care

Supporters of health care reform rally in front of the Supreme Court in Washington, Wednesday, March 28, 2012, on the final day of arguments regarding the health care law signed by President Barack Obama.

(Credit: AP Photo/Charles Dharapak)

(CBS News) After Tuesday's Supreme Court hearings, it looks like the high court could very well strike down one of the least popular and most controversial aspects of President Obama's 2010 health care overhaul -- the requirement for nearly all Americans to purchase health insurance.

On Wednesday morning, the court considered whether striking down the so-called individual mandate would require striking down the entirety of the law -- or at least other parts of it. If the court were to rule that the mandate is unconstitutional, it's possible some of the most popular aspects of the law would go down with it.

A CBS News/ New York Times poll released this week shows that three in 10 Americans want the court to strike down the mandate but to keep the rest of the law. Those people may not be happy to hear that even the Obama administration argued today that if the mandate goes, two other significant parts should go, too -- the rule barring insurance companies from discriminating against those with pre-existing conditions, and the rule barring insurers from charging more because of a person's medical history.

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Outside Supreme Court, a battle for attention

Michele Bachmann, health care, supreme court

Former Republican presidential candidate, U.S. Rep. Michele Bachmann (R-MN) speaks to people protesting on the second day of oral arguments for the Patient Protection and Affordable Care Act in front of the U.S. Supreme Court building on March 27, 2012 in Washington, DC.

(Credit: Mark Wilson/Getty Images)

(CBS News) WASHINGTON -- Amid the thumping drumbeats and random outbursts of her opposition, Jenny Beth Martin, the leader of the Tea Party Patriots, tried to get her microphone in working order outside of the Supreme Court Tuesday.

"I'm Jenny Beth Martin with Tea Party Patriots, and we're here today to represent the nearly 75 percent of Americans who want... Can they hear me?" Martin said into the mic, interrupting herself.

She started again, "I'm Jenny Beth Martin..." And then she stopped again. "Oh my god," she uttered into the microphone in frustration.

The noise of protesters continued unabated on the second day of Supreme Court hearings reviewing the constitutionality of President Obama's 2010 health care overhaul. Today, the court heard arguments getting to the meat of the issue: Whether the federal government can require nearly all Americans to acquire health insurance.

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Can health care law survive without the mandate?

Protesters in favor of health care reform demonstrate outside of the Supreme Court in Washington, D.C., March 26, 2012, as a hearing on President Obama's health care legislation began.

(Credit: AP Photo/Jacquelyn Martin)

(CBS News) In the 2008 Democratic presidential primary, then-Sen. Barack Obama ran a campaign ad blasting Hillary Clinton's health reform plan for including a so-called "individual mandate." His ad argued the mandate "forces everyone to buy insurance, even if you can't afford it, and you pay a penalty if you don't ... It's not that people don't want health care; it's that they can't afford it."

But after winning the White House, President Obama told Congress a mandate was an essential part of improving the nation's health care system. "Unless everybody does their part, many of the insurance reforms we seek -- especially requiring insurance companies to cover pre-existing conditions -- just can't be achieved," he said.

Today, Mr. Obama's two arguments will play out before the Supreme Court, which could end up striking down the individual mandate as unconstitutional. The court will also consider whether taking down the mandate means bringing down the entire law, or possibly just other portions of it.

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What's it like in line outside the Supreme Court?

Kathie McClure, Monica Haymond, Supreme Court

Kathie McClure, left, and Monica Haymond nap outside the Supreme Court building

(Credit: CBS News)

(CBS News) On the first day of the Supreme Court's oral arguments on President Obama's health care bill, approximately 20 people waited in line for entrance to Tuesday's arguments, the "main act" of the hearings on the Affordable Care Act debate. Some waited out of personal interest. For others, it was just a job.

First in line was 56-year old mother of two Kathie McClure, who traveled from Atlanta, Georgia, to hear the arguments. An ardent advocate of equal access to health coverage, McClure has two grown children with chronic conditions: a son with Type One diabetes and a daughter with epilepsy.

"We've paid a fortune to keep the kids covered," she said. "Around $35,000 a year for our family. Most people couldn't afford that."

McClure came alone and had been sitting in line since Friday night: eating, sleeping and passing the time by talking to people. Staked out in canvas camping chair, and equipped with a sleeping bag, tarp, umbrella and bag of clothes, she's endured rain, sleepless nights, and getting drenched by automatic sprinklers. "It didn't take long to figure out I was woefully underprepared."

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Poll: 1 in 4 want high court to uphold health law

(Credit: CBS)

CBS News Poll analysis by the CBS News Polling Unit: Sarah Dutton, Jennifer De Pinto, Fred Backus and Anthony Salvanto.

As the Supreme Court begins to hear arguments about the 2010 health care overhaul, just one in four say the high court should keep President Obama's signature legislative achievement intact, according to a new CBS News/ New York Times poll.

Thirty-eight percent say the entire law should be abolished, according the poll, conducted March 21-25. Another 29 percent would like the high court to strike down only the requirement that nearly all Americans obtain health insurance if they do not have it.

The court on Tuesday will hear arguments on whether the so-called individual mandate - which will require nearly all Americans to acquire insurance or pay a penalty -- is unconstitutional. The case tackles not only a hotly-debated legal matter, but also the most controversial aspect of Mr. Obama's health care law.

When asked directly about the mandate, which goes into effect in 2014, 51 percent of Americans said they disapprove of it, while 45 percent said they approve. Most Republicans and independents oppose the mandate, while Democrats support it.

Poll: Support for war in Afghanistan hits all-time low
Poll: 47% disapprove of Obama health care law
Read the complete poll (PDF)

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