As they say “Now I’m no lawyer”, but it just sounded like Breyer in his questioning was actually providing some of the reasoned argument one would expect from the SG.
UPDATE: Sotomayor is trying – very hard – to get the SG to articulate his actual argument. The man seems to be arguing the need for health insurance, instead of presenting the US’s legal argument for the mandate. He’s doing an awful job on the mandate.
UPDATE 2: I also wish he’d stop saying “In my opinion” and “I don’t think it’s fair to say blah blah”.