Tuesday, February 10, 2015

How Obamacare Supporters Are Plotting To Win Over Anthony Kennedy

TPM reports:

Of the many pro-Obamacare arguments that government lawyers are making to save the law from the Supreme Court, one stands out as particularly tailored to winning the crucial vote of Justice Anthony Kennedy.

The argument is about federalism, long a guiding light for the Reagan-appointed jurist whose vote both sides are working to win in King v. Burwell, a case before the Court that threatens to blow a hole in Obamacare.

"There's no question that Justice Kennedy regards federalism as a central value in the Constitution," Michael C. Dorf, a law professor at Cornell University and former clerk for the justice, told TPM in an email. "Accordingly, he typically votes to sustain challenges to very expansive views of federal power."
ObamaCare supporters have their work cut out for them