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Kennedy’s Questions Raise Concerns for Obamacare Opponents

Justice Anthony Kennedy today posed questions that suggested a rationale for him to oppose a lawsuit before the Supreme Court that could destroy Obamacare.

Kennedy, along with Chief Justice John Roberts, is one of two justices whose votes on the case will likely decide it. Both would have to side with Obamacare opponents for the law to be struck down. The case was argued before the Supreme Court today.

The case, King v Burwell, will turn on whether the Justices accept the clear language of the law, which states that Obamacare subsidies are only available to states that set up exchanges. Most states did not, leaving the federal government to set up its own exchange for people in those states. This, the challengers claim, is illegal. If that’s correct, then millions who have subsidies under the federal exchange will lose them, and Obamacare could collapse.

Opponents of the suit generally claim that the law, though it says otherwise, was in fact meant to provide subsidies people in states that did not set up exchanges.

But, resorting to what ironically is a tenet of conservative philosophy – states’ rights – Kennedy posed another problem, saying that the requirement states set up exchanges to receive subsidies might constitute an undue burden imposed by the federal government on the states.

If he finds the requirement unconstitutional because the consequences of not setting up an exchange are too severe, he may hold that the law cannot issue this requirement, and therefore states must receive subsidies whether they have exchanges or not.

Roberts, whose vote saved Obamacare the last time it was before the Court, remained mostly silent and did not indicate which way he leaned.

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26 Responses to Kennedy’s Questions Raise Concerns for Obamacare Opponents

  1. What! The justice thinks the requirement is “unconstitutional” now, NOW he found something that isn’t kosher in the law.
    Did anyone in DC, anyone at all, ever read the document, the law, before now?

    The burden on the states is nothing compared to the financial and life or death burdens placed on ordinary citizens and the companies that hire them. Millions of people lost their full-time jobs, or any job at all, along with a fine facing them for not buying something and the Supremes are dissing about some obscure wording that must be taken at face value.
    We are doomed. Doomed to live with this monstrosity for all time. geez.

  2. Unbelievable! The repressive socialist agenda of the WH Adm seems unstoppable!
    This SCOTUS report cpould be a blow to States Rights and majority rule ~ one man/one vote ~ and give BHO almost another victory for him and defeat for ‘We the People’!

    Today, 22 Republican Senators and 75 House Republicans handed BHO his unconstitutional Amnesty Plan!

    The Senate could not over-ride the Keystone XL Pipeline scuttling hopes for the creation of many thousands of jobs for US Legal Citizens!

    The WH Adm won their fight for control of the Internet!

    Soon, the Senate will confirm Loretta Lynch the avowed opponent of State Voter ID Laws! So much for ‘checks and balances’!

    BHO’s plan to eliminate tax deductions will raise over $100 billion!

    Next, BHO will abolish all States’ Rights and possibly abolish the Congress! Why does he need thr elected leaders of ‘We the People’? Just WHO are our leaders and just WHO are we, anymore?? jb

      • What Laurie ?
        You’re going to let a skinny little man destroy your future ?
        Where is your courage ?
        Where is your desire ?
        Where is your Patriotism ?

        Our forefathers defeated the strongest nation in the world and We the People will not allow this regime and his acolytes to take our Country from US.

        If you want to sit by and watch that is OK by me.

        As the old saying goes,….
        Lead, Follow, or get out of the way.

        America is alive and watching and ready to take back what we have fought for and Obama cannot take that from us.

        There are too many people that refuse to allow it.

        And we will prevail.

    • Drama…Drama…Drama! Seriously, another election in 20 months will undo Obamascam and we’ll get back to the business of being America!

      • If only that would happen. After all that has gone down I do not think anyone will challenge the dictator Obama. Every one in congress bows to the chosen one. He gets everything. Roberts will cave too.

        • I tend to agree with Corey.
          A quote on optimism,…

          Even if I knew that tomorrow the world would go to pieces, I would still plant my apple tree.

          —Martin Luther

          • AFVet, Thanks for your Martin Luther quote and your genuine heartfelt optimistic spirit! Your posts are rays of light which my spirit and others appreciate! jb

    • Agreed there is no hope of stopping this country becoming a 3rd world cesspool. Welcome to Mexico North!

      I cannot believe what is happening.

  3. Who doubts that SCOTUS will ultimately support Obama’s current version of ObamaCare? We all learned from Justice Robert’s tortured unconstitutional rewriting of the law last time around that the Court exists to please Obama, and not to judge the constitutionality of the law. They will do it again, in some way. Cannot displease the Emperor, after all.

    • I agree we are toast. The new America will look a lot like the present Mexico. Republicans pretend to be the checks and balance, but really are just a rubber stamp. A little fake foot stopping before caving.

      Jeb bush is just another dictator, new boss the same as the Obummer.

      • Oh, I believe we can/will survive post-Obama. But it will take extraordinary leadership, a reawakening of the American people, a new era of objective reporting by the MSM, a “mad as hell and we aren’t taking it anymore” approach. We are completely capable of that sort of resurgence. It hinges on trustworthy leadership, an involved citizenry and a complete cleanup of the Congress. Tough to do, but entirely possible. When people are in enough pain, they get things fixed. Again, leadership is the key to get it going. There is no leadership at the moment.

  4. Yesterday, one of the employees of a large pet supply store chain in my neighborhood related a story that dramatizes the O/Care debacle. A young girl – working her way through school with a full time job, was suddenly downsized to 22 hours per week. Because of O/Care, all employees have become part-time. She is now forced to take out a student loan just to survive.

    Where is this all going to end? We are now faced with millions and millions of illegals flooding the US to join the gravy train. What happens to all the displaced Americans?

    Forget about ISIS….Obama is the enemy within. Two more years and America will be unrecognizable.

    • It’s getting really difficult to continue to encourage my teenaged granddaughters, I never lie, unlike our “leaders”. Very ugly.

    • The call from Obama will come at the right time, along with whatever threats Obama threatened Roberts with last time. Will Roberts cave in again? Of course he will.

  5. Tired of this, can I stop paying taxes to cover the expenses of useless people?

    I could buy a lot of other things with that money and will actually *get* something in return

    and hey it will stimulate the economy

    taxation without representation really sucks A LOT!

  6. The argument, “This will hurt people if we don’t find a certain way,” is NOT a constitutional argument.

    Oprahization of the nation complete.

  7. są skwapliwe pokazać pełnię historii weselnych, wszystkiego spośród poufnymi, skoro
    czekają że znaczenie się na nie sprowadzi
    im zdecydowaną pomyślność. Istnieją niemożliwie komercyjne natomiast skoro naprawdę rzeczone umiem przekabacić – bezlitosne.

    W 4 trafach na 5 precyzyjnie przeciwniki obejściem zarządzeń do zgromadzonego folwarku.