Tuesday, March 27, 2012

Kennedy leaning against the mandate?

A potentially telling comment from Justice Kennedy, courtesy of Bloomberg's live blog:
Justice Anthony Kennedy said the requirement to buy health coverage is telling an individual “that [she] must act.” He said, “That changes the relationship of the government to the individual in a fundamental way.”
If Kennedy buys into the challengers' action-inaction distinction--as this comment suggests--the Government is in serious risk of losing his vote.

UPDATE: Another Kennedy quote, also from Bloomberg:
Justice Kennedy said that “I understand we must presume laws are constitutional,” but that the government has a heavy burden here.