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March 4, 2015

Justice Kennedy Defends ObamaCare Subsidies

On Wednesday, the Supreme Court heard oral arguments in King v. Burwell. The decision could ultimately derail ObamaCare, or it could mean the law will continue to antagonize until it inevitably implodes. Justice Anthony Kennedy, who knows a thing or two about casting the pivotal deciding vote, said that “striking down the government subsidies at the heart of the Affordable Care Act raises a ‘serious constitutional problem’ and deciding to strike them down would cause a ‘death spiral’ for Obamacare,” the London Daily Mail reported. Well, the entire law is a “serious constitutional problem,” and upholding it simply to avoid a “death spiral” isn’t what’s important. But that’s what the Supreme Court argued when it essentially rewrote the Constitution in 2012, and the Supremes may very well be trying to again. Kennedy’s remarks may or may not portend SCOTUS’s final decision, but it’s a troubling reminder that personal animus carries too much weight in leu of Rule of Law. More…

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