[EL] Justice Kennedy on assumptions

[Steve Hoersting]

Many think the question in King is on the future of healthcare exchanges.
The real question, as most everyone on the list knows, is: Will anything
tether the administrative state?

If everyone knows, why repeat it?

Because I believe to ask the question is to answer it. And it is worth
asking.

Steve
On Mar 25, 2015 11:36 AM, "Sean Parnell" <sean at impactpolicymanagement.com>
wrote:

> Well, I’d agree Kennedy didn’t “suggest” how he will rule, but I think
> it’s fair to say he’s also not feeling the need to play his part to the
> hologram of Princess Pelosi urging him to “Help me, Obi Wan Kennedy, you’re
> our only hope to save us from our legislative incompetence.”
>
>
>
> Sorry, couldn’t help that. But it was that allusion or Ordell Robbie’s
> comment about assumptions, and the Star Wars route seemed the better choice…
>
>
>
> Sean Parnell
>
> President
>
> Impact Policy Management, LLC
>
> 6411 Caleb Court
>
> Alexandria, VA  22315
>
> 571-289-1374 (c)
>
> sean at impactpolicymanagement.com
>
>
>
> *From:* Eric J Segall [mailto:esegall at gsu.edu]
> *Sent:* Wednesday, March 25, 2015 11:24 AM
> *To:* Josh Blackman
> *Cc:* Sean Parnell; law-election at UCI.edu
> *Subject:* Re: [EL] Justice Kennedy on assumptions
>
>
>
> 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>
> 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.
>
>
> ---------------------------------------------------------------------------
>
>
> 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> 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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