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An Outcome on Obamacare Not Widely Discussed

by on April 6, 2012

Some conservatives seem to be celebrating the possible outcome of defeat of Obamacare by the Supreme Court based on questions of several of  the justices.  However, questions on the uniqueness of the healthcare market asked by Justice Anthony Kennedy, who is considered to be the swing vote, seem to be overlooked by many and not widely discussed.

Charles Krauthammer and Former Attorney General Judge Alberto Gonzales both recently referenced Justice Kennedy’s questions as being something to focus in on:

(1)  Charles Krauthammer from Special Report with Bret Baier, Tuesday, March 27, 2012:

“If you had left after the first hour, when the Obama solicitor general was being whipsawed and didn’t have very good answers, you would have thought it was all over but the shouting — and that Obamacare was not going to survive.  … 

But I think it was somewhat of a change in tone at the end of the second hour from Justice Kennedy …  he raised the question as to whether there is something unique about the health care market that would allow for a unique health care mandate. And I think if he is the one who joins with the liberals in upholding Obamacare, it will probably be on those kinds of grounds.”

(2)  Former Attorney General Judge Alberto Gonzales on On the Record with Greta Van Susteren, Thursday, April 5, 2012:

At 03:55, Greta asks Gonzales his view on what the Court may do regarding health care and the Commerce Clause.  Gonzales responds that we must carefully look at Kennedy’s questions on whether the market for health care is so unique that it may be a limiting factor and that may be what we need to focus in on.


Is it possible that Obama received a leak?  Is it possible that the statements made by Obama threatening the SCOTUS to uphold this legislation may have simply been a ruse?  It was interesting that Attorney General Holder did not complain or get ruffled or issue any statement about the “homework assignment” ordered by Fifth Circuit U.S. Appeals Court Judge Jerry Smith on judicial review.

  1. guitargod permalink

    nothing “unique” about HC market that would rise to level of violating constitution!

  2. guitargod permalink

    no i dont think leaked – if kennedy asking both sided questions probably still weighing final decision… more likely obamacon setting the table for post announcement defeat and rallying of zombies… and of course another strawman

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