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What a Kennedy opinion upholding the individual mandate might look like
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| Contributor | Brandonius Maximus |
| Last Edited | Brandonius Maximus Jun 22, 2012 10:09am |
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| Category | Speculative |
| Author | Brad Joondeph |
| News Date | Friday, June 22, 2012 04:00:00 PM UTC0:0 |
| Description | Another day without an ACA decision, another day for idle speculation!
So in that spirit, this post offers a thinly theorized guess as to what a majority opinion upholding the minimum coverage provision might look like. Most speculate that, if the Court were to uphold the mandate, the majority would have to include Kennedy. And if the Chief did not join, then Kennedy would assign the opinion—and probably keep it for himself.
So, if all this comes to pass, what would be the rationale, given Kennedy’s prior opinions and questions at oral argument? Here is a stab at an outline: |
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