Did Justice Kennedy Tip His Hand?
The Supreme Court heard arguments earlier this month in King v. Burwell, the critical ObamaCare case that will decide the fate of subsidies doled out via the federal exchange. Undoubtedly, the Court’s four leftists will side with Barack Obama’s lawless interpretation of his signature legislation, while at least three conservatives will come down on the side of Rule of Law (ironically, in this case, the way the law was actually written). That leaves all eyes on Anthony Kennedy and John Roberts, the latter of whom already rewrote ObamaCare once in order to save it. And Kennedy may have tipped his hand in comments before the House on Monday, saying, “We routinely decide cases involving federal statutes and we say, ‘Well, if this is wrong, the Congress will fix it.’ But then we hear that Congress can’t pass a bill one way or the other. That there is gridlock. Some people say that should affect the way we interpret the statutes. That seems to me a wrong proposition. We have to assume that we have three fully functioning branches of the government, government that are committed to proceed in good faith and with good will toward one another to resolve the problems of this republic.” Perhaps this indicates he will side with the plaintiffs and strike down the administration’s actions. We’ll have to wait for the ruling in June to find out.
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