[EL] Justice Kennedy on assumptions

[Steve Hoersting]

And Kennedy is exactly right. Can you imagine a Court with "a pen [and] a
phone. And if Congress won't act...."

Can you imagine a Court that *knows how to get things done?*

Actually, many can: Justice Breyer calls it the "pursuit of better
consequences" and lists it as the 6th prong of his approach to
jurisprudence.

Thanks, Sean,

Steve

On Wed, Mar 25, 2015 at 11:04 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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-- 
Stephen M. Hoersting
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