“We have to assume that we have three fully functioning branches of the government that are committed to proceed in good faith and with good will toward one another to resolve the problems of this republic,” Kennedy argued...”
That assumes facts not in evidence.
L
“We have to assume that ...”.
In my view the key word is HAVE.
If his view is that the court must proceed with that assumption (even though it is ridiculous- unless one assumes that Boehner will gladly fix it for Bozo) then he’s telegraphin that the Court may rule in favor of the plaintiff and throw it in the lap of Congress where it belongs.
The best outcome would be to say that the law as written Unconstitutionally coerces the State’s and therefore no subsidies may be given under the statute. But I doubt it goes that way. We shall see.