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elleng

(141,926 posts)
1. Right; government was smart to include Kennedy + Scalia words
Sun Mar 25, 2012, 01:28 PM
Mar 2012

and discussion in their briefs, and very important for people to understand this, and not assume the Supremes vote based on their assumed political leanings:

'However, most constitutional experts do not expect this to be a close case.

The individual mandate admittedly presents what lawyers call a case of first impression — meaning that Congress has never done anything quite like this before. However, if the justices adhere to well-established constitutional principles and do not disavow their previous rulings, a firm majority of the court will rule that the individual mandate is within Congress' constitutional authority.

The majority of at least six justices will include both Kennedy and one of the court's most predictably conservative votes, Antonin Scalia.'

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