[EL] Justice Kennedy on assumptions

Rick Hasen rhasen at law.uci.edu
Wed Mar 25 09:10:53 PDT 2015


I'm receiving a lot of private messages about the level of sarcasm and 
the relevance of this thread for the election law list. Everyone should 
keep this in mind before posting.
Thanks.


On 3/25/15 8:30 AM, Sean Parnell 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 
> <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.
>
>
>     ---------------------------------------------------------------------------
>
>
>     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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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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