[EL] Justice Kennedy on assumptions

[Eric J Segall]

I agree with Josh, though Mark Stern disagrees:
http://www.slate.com/blogs/the_slatest/2015/03/23/justice_kennedy_did_not_just_suggest_he_will_rule_against_obamacare.html

Best,

Eric


Sent from my iPhone

On Mar 25, 2015, at 11:17 AM, "Josh Blackman" <joshblackman at gmail.com<mailto:joshblackman at gmail.com>> wrote:

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<http://www.amazon.com/gp/product/1610393287/ref=as_li_tf_tl?ie=UTF8&camp=1789&creative=9325&creativeASIN=1610393287&linkCode=as2&tag=joshblaccom-20>

On Wed, Mar 25, 2015 at 10:04 AM, Sean Parnell <sean at impactpolicymanagement.com<mailto: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<tel:571-289-1374> (c)
sean at impactpolicymanagement.com<mailto:sean at impactpolicymanagement.com>


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