A Daily news digest by Jasper van Santen

The Individual Mandate May Be in Trouble -The Atlantic Wire

In News, Politics on March 28, 2012 at 06:16

The Individual Mandate May Be in Trouble –

From the outset, everyone knew the disposition of Justice Anthony Kennedy would be crucial given his reputation as the unpredictable swing-vote. Kennedy appeared more skeptical of the mandate than some predicted, saying the Obama administration has a “very heavy burden of justification” to demonstrate the mandate’s constitutionality. The Wall Street Journal reported that Kennedy said “the insurance mandate changes the relationship between the federal government and individual citizens ‘in a fundamental way.'”

“It appears that the mandate is in trouble,” wrote SCOTUS blogger Tom Goldstein. “It is not clear whether it will be struck down, but the questions that the conservative Justices posed to [conservative lawyer Paul] Clement were not nearly as pressing as the ones they asked to [Obama lawyer] Solicitor General Verrilli.”

CNN legal analyst Jeffrey Toobin was even more skeptical about the prospects of the mandate. “This was a train wreck for the Obama administration,” he said. “This law looks like it’s going to be struck down.


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