Perhaps the most interesting point to emerge so far is that Justice Kennedy’s questions suggest that he believes that the mandate has profound implications for individual liberty: he asked multiple times whether the mandate fundamentally changes the relationship between the government and individuals, so that it must surpass a special burden.
Tuesday, March 27, 2012
More on Kennedy
Here is Goldstein's summary of where Kennedy stands:
Posted by Bradley Joondeph at 8:53 AM