By Daniel Strauss - 03/28/12 12:22 PM EDT
Hoyer joined Senate Majority Leader Harry Reid (D-Nev.) in disagreeing with that assessment.
"I think that this matter will be resolved, that the mandate is, in fact, constitutional and this bill will go forward," Hoyer added.
Toobin's assessment seemed to derive from Supreme Court Justice Anthony Kennedy's questioning of Solicitor General Donald Verrilli on Tuesday. At one point during the arguments Kennedy, the likely deciding vote on the constitutionality of the law, said there seemed to be a "very heavy burden of justification" for certain parts of the law.
Following Toobin's comments on Tuesday, Reid said that Kennedy's questioning didn't necessarily indicate the reform legislation is doomed.
"I’ve been in court a lot more than Jeffrey Toobin and I had arguments, federal, circuit, Supreme Court and hundreds of times before trial courts,” Reid said. “And the questions you get from the judges doesn’t mean that’s what’s going to wind up with the opinion."