ObamaCare oral argument: Swing-vote Justice Kennedy expresses concerns

Oral argument in the ObamaCare case was held today in Washington. Kennedy, as is usually the case, is expected to be the swing vote. The 4 knee-jerk conservatives will vote against it and the 4 knee-jerk liberals will vote for it. Sometimes, as in D.C. v. Heller, Kennedy will tip his hand as to which way he is leaning and likely to vote. No clear indication from Kennedy today, but he seems to be troubled by the individual mandate. What he appears to be hinting at is that the federal government is not supposed to be a government of unlimited powers, but this mandate seems to be saying just that. Without some clear statement of limiting principles on this exercise of federal power, Kennedy may vote against ObamaCare. If some federal power limiting principle emerges, that allows ObamaCare, but doesn't turn the federal goverment into one of unlimited powers, Kennedy may find it constitutional. Stay tuned!