“Walker argued that Kavanaugh’s “hypothetical discussion” about the Taxing Clause has been misinterpreted and is actually “a roadmap to the conclusion reached by the dissenters—that the individual mandate is unconstitutional under the Taxing Clause.”
“I am very familiar with that opinion, because I served as Kennedy’s law clerk that term,” Walker said. “I can tell you with certainty that the only justices following a roadmap from Brett Kavanaugh were the ones who said Obamacare was unconstitutional.””