Tuesday, November 29, 2011

Justice Kennedy and the Affordable Health Care Act

An article at news.yahoo on the Supreme Court hearing arguments about the Affordable Health Care Act begins with an emphasis on Justice Anthony Kennedy:

If the Supreme Court breaks down along its usual ideological lines on the vote on the health care law, Justice Anthony Kennedy -- known as the swing vote on the court -- could be the one to decide whether the government can require almost every American to buy health insurance or pay a fine.

The article presents an analysis of "how" Justice Kennedy came out on similar cases. An opinion piece at the Washington Post is even more blunt:

May it please the court: Yes, there are fancy legal arguments about the individual mandate for health care, but let’s stipulate the obvious: The Constitution is what five of you say it is. On today’s court, this really means what one of you says it is. With that in mind, Justice Anthony Kennedy, here are five thoughts I hope you’ll consider.

IPBiz has discussed the significant role of Justice Kennedy. See for example The power in being the swing vote

One recalls Justice Kennedy's concurring opinion in eBay which included:

In addition injunctive relief may have different consequences for the burgeoning number of patents over business methods, which were not of much economic and legal significance in earlier times. The potential vagueness and suspect validity of some of these patents may affect the calculus under the four-factor test.


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