[EL] Justice Kennedy on assumptions

[Josh Blackman]

I think these comments do bear on King v. Burwell. Rick linked
<http://electionlawblog.org/?p=71211> to my post
<http://joshblackman.com/blog/2015/03/23/justice-kennedy-discusses-gridlock-during-hill-testimony-yes-there-is-a-king-v-burwell-connection/>
the other day, breaking down the exchange in King v. Burwell that Justice
Kennedy may have been referring to. I don't think this bodes well for the
government.

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Josh Blackman
http://JoshBlackman.com
*Unprecedented: The Constitutional Challenge to Obamacare
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On Wed, Mar 25, 2015 at 10:04 AM, Sean Parnell <
sean at impactpolicymanagement.com> wrote:

> The *Wall Street Journal* prints today an excerpt
> <http://www.wsj.com/articles/notable-quotable-anthony-kennedy-1427238816>
> from Justice Kennedy’s recent testimony to Congress that seems to have some
> relevance to arguments I’ve see here regarding the VRA and *King v.
> Burwell*.
>
>
>
> *Supreme Court Justice Anthony Kennedy, testifying before a House
> committee on the court’s budget, among other matters, on March 23:*
>
> It is not novel or new for justices to be concerned that they are making
> so many decisions that affect a democracy. And we think a responsible,
> efficient, responsive legislative and executive branch in the political
> system will alleviate some of that pressure. We routinely decide cases
> involving federal statutes, and we say, “Well, if this is wrong, the
> Congress will fix it.” But then we hear that Congress can’t pass the bill
> one way or the other, that there’s gridlock. And some people say, “Well
> that should affect the way we interpret the statutes.” That seems to me a
> wrong proposition. We have to assume that we have three fully functioning
> branches of the government, that are committed to proceed in good faith and
> with good will toward one another to resolve the problems of this republic.
>
> Best,
>
>
>
> Sean Parnell
>
> President
>
> Impact Policy Management, LLC
>
> 6411 Caleb Court
>
> Alexandria, VA  22315
>
> 571-289-1374 (c)
>
> sean at impactpolicymanagement.com
>
>
>
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