As the U.S. Supreme Court considers a case whose outcome could prove to be a death blow to Obamacare — a case challenging whether enrollees through the federal signup site, healthcare.gov, are entitled to premium-reducing subsidies — one key justice has casually dropped what could be a huge clue to his thinking.
The Daily Caller reports that Justice Anthony Kennedy — who often casts the high court’s swing vote — said something intriguing in testimony before the House Appropriations Committee.
Justice Anthony Kennedy’s comments in a run-of-the-mill budget meeting Monday may have signaled how he intends to vote in this year’s biggest Obamacare lawsuit over the legality of federal premium subsidies.
Kennedy…made comments that could suggest he’s leaning in favor of the plaintiffs in King v. Burwell. The question in the pivotal case is whether the text of Obamacare restricts the law’s popular premium subsidies to state-run exchanges….
Kennedy’s remarks to the committee related to the Obama administration’s argument that all ObamaCare subsidies must be maintained because to declare the federal marketplace customers ineligible would be disastrous for the law’s future.
The Daily Caller article notes that the administration “seems to be trying to convince the Court that ruling otherwise would be catastrophic for the health-care law, and therefore for the Court’s image.”
In other words, Obama, his legal team, and his liberal allies want the high court to go beyond considering what the law actually says and to give weight to what impact striking down the controversial provision would have on the millions of people who would be affected.
Responding to a question during Monday’s hearing, Justice Kennedy seemed to say that’s a faulty and largely irrelevant argument, that the Supreme Court should not be concerned with the impact of a decision or with the ability of Congress to “fix” a flawed law.
“We have to assume that we have three fully functioning branches of the government that are committed to proceed in good faith and with good will toward one another to resolve the problems of this republic,” Kennedy argued.
In fact, the head of the agency responsible for implementing Obama’s healthcare takeover scheme, HHS Secretary Sylvia Burwell, has said there is no backup plan for fixing the law should the Supreme Court rule against it in the subsidies case.
The justices are expected to issue their ruling in the latest challenge to ObamaCare in June. That’s when we will learn if what Anthony Kennedy said to lawmakers in the hearing on the Supreme Court’s budget was, in fact, a clue to how he will vote.
This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom