Anthony Kennedy in MSNBC news programs


On Health Care: ObamaCare not ok under Commerce Clause, but ok as tax

Back on March 27, Roberts and Kennedy were very skeptical of the thrust of the government's case--that the mandate was justified under the so-called "commerce clause" of the Constitution and the government's right to regulate markets--especially how it could be limited to the health care market.

The government's lawyer, Solicitor General Donald Verrilli, made a strong case for the government's taxing power. While the taxing power argument was certainly not the focus of post-oral arguments analyses, it was the one that eventually won the day--that the mandate would be administered by the Internal Revenue Service, the agency responsible for taxation. Verrilli said, "It is administered by the IRS; it is paid on your Form 1040 on April 15th," when pressed by Roberts.

Some of the toughest questioning came as it related to the president arguing the mandate was not a tax. But Verrilli countered that it's up to the court to decide what's justified under the law, not the rhetoric of politicians.

Source: MSNBC First Read on 2012 election:"Verilli Won Over Roberts" Jun 29, 2012

The above quotations are from Rachel Maddow Show and other MSNBC news shows.
Click here for other excerpts from Rachel Maddow Show and other MSNBC news shows.
Click here for other excerpts by Anthony Kennedy.
Click here for a profile of Anthony Kennedy.
Please consider a donation to OnTheIssues.org!
Click for details -- or send donations to:
1770 Mass Ave. #630, Cambridge MA 02140
E-mail: submit@OnTheIssues.org
(We rely on your support!)

Page last updated: Aug 15, 2024