"If the individual mandate, requiring the purchase of insurance or the payment of a penalty, if that is unconstitutional, must the entire act fall?" she said, then outlining another key question. "Or, may the mandate be chopped, like a head of broccoli, from the rest of the act?"

She also spoke about the power of dissenting opinions:

"I have spoken on more than one occasion about the utility of dissenting opinions, noting in particular that they can reach audiences outside the court and can propel legislative or executive change." she said.

While she didn't direct that comment to the health care law, it does seem like a bit of an omen, especially with the current makeup of the Court. Then again, she also said last night:

"At the Supreme Court, those who know don't talk," she said, smiling. "And those who talk don't know."