POSTED: Tuesday, March 27, 2012 - 7:00am
UPDATED: Tuesday, March 27, 2012 - 7:04am
NBC NATIONAL NEWS — There will likely be more protesters as the Justices weigh whether the Government has authority to require nearly every American to purchase health insurance.
Day two of arguments in front of the Supreme Court gets to the heart of the issue, the "individual mandate" the part of the health law that makes you pay a penalty if you don't buy health insurance.
"If we win on the individual mandate, Obamacare in totality will fall," said Texas Attorney General Greg Abbott.
Twenty-six states and a business group will argue the law that allows Government to regulate business does not apply.
"If the federal government can force people to buy health insurance and can force the states to set up health care exchanges, then there are no limits on what they can force individuals to do," said Curt Levey of the Committee for Justice.
Outside the court, supporters argue it's the only way to make sure everyone's covered.
"No one should ever be told that they have cancer and they should be quiet and go home and die," said one person outside the Supreme Court.
Monday's arguments centered on whether that "penalty" is really a "tax."
"Whether you owe the liability is based in part on your income. It's assessed and collected by the IRS," said Robert A. Long, ESQ Court-Appointed Amicus Curiae.
"This is not attached to a tax. It is attached to a health care requirement," said Justice Stephen Breyer.
"If it's successful, they won't -- nobody will pay the penalty and there will be no revenue to raise," said Justice Ruth Bader Ginsburg.
Republican presidential candidate Rick Santorum showed up at court arguing Mitt Romney can't fight the health law. Because he created one just like it.
"The worst person to make that case is Mitt Romney, and that's why, as I said, here we're today and he's not," said Rick Santorum, Presidential Candidate.
There are more campers here this morning who are hoping to get one of the 120 tickets to hear the case in person.