Sen. Kerry Dares GOP to Make Obamacare Election Issue “This is not complicated,” he continued. “It’s made complicated by politicians who pursue an ideological agenda, which is why I’m glad Mitt Romney, when he was here [as governor of Massachusetts], passed healthcare. I’m sorry today he’s running away from it, but this is going to be a great debate.”
The ObamaCare Arguments – The Second Day "Justice Kennedy made it clear more than once that the government has a “heavy burden” to show that what it is doing is constitutional since it is compelling people to enter into commerce. Kennedy also stated that the government’s theory would “fundamentally change the relationship between the individual and the state.” This is a key point because in past cases where he has sometimes upset conservatives (such as Lawrence v. Texas, which struck down a state sodomy law), Kennedy has sided with protecting the individual against the power of the state. This case falls squarely into that category. "
Legal Insurrection: Obamacare Oral Argument, Day 3 – Severability
Justice Kennedy: Obamacare 'changes the relationship of the Federal Government to the individual in the very fundamental way.
'"Obamacare flips the notion that power is derived from the consent of the governed. In that respect, an ambitious and aggressive government, would literally be able to require anything, as long as it was for the "common good."
"I hope Roberts asks Kennedy to write the opinion - hopefully, the majority opinion."
The ObamaCare Arguments – The Second Day "Justice Kennedy made it clear more than once that the government has a “heavy burden” to show that what it is doing is constitutional since it is compelling people to enter into commerce. Kennedy also stated that the government’s theory would “fundamentally change the relationship between the individual and the state.” This is a key point because in past cases where he has sometimes upset conservatives (such as Lawrence v. Texas, which struck down a state sodomy law), Kennedy has sided with protecting the individual against the power of the state. This case falls squarely into that category. "Legal Insurrection: Obamacare Oral Argument, Day 3 – Severability
"This morning was argument on severability, meaning what will happen to the remainder of Obamacare if the mandate is held to be unconstitutional.
"Via Lyle Denniston of ScotusBlog, that dilemma may have some of the Justices rethinking their position on the mandate:"...
Justice Kennedy: Obamacare 'changes the relationship of the Federal Government to the individual in the very fundamental way.
'"Obamacare flips the notion that power is derived from the consent of the governed. In that respect, an ambitious and aggressive government, would literally be able to require anything, as long as it was for the "common good."
"I hope Roberts asks Kennedy to write the opinion - hopefully, the majority opinion."
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