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  • Don't Count On Justice Kennedy (Based On His Comments Today)

    03/27/2012 3:32:49 PM PDT · by Williams · 62 replies
    Vanity Analysis Of SCOTUS Transcript | 3/27/12
    Just finished reading the transcripts of today's oral arguments. I know everyone is saying it was a disaster for the Obamacare mandate. It is clear from the transcript that Justice Kennedy is the swing vote. He expressed both concern and sympathy for the government's argument. His two most emphatic comments are below. Based on these I would NOT count on which way he will rule. First, this is from Kennedy's questioning of the Solicitor General who was defending Obamacare: JUSTICE KENNEDY: "But the reason, the reason this is concerning, is because it requires the individual to do an affirmative act....