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!

Preview of possible S.Ct. decision on Obamacare

It seems highly likely that the final say on the constitutionality of Obamacare will be had by the U.S. Supreme Court. If past patterns hold it will be 4-4 with Kennedy the swing vote. Doctrinally, I think he will vote against it, but he may decide that this is too great a leap by the Court and go with it. Stay tuned. See the linked article from the Economist which is an excellent publication (sometimes with a conservative lean).