What Will Justice Kennedy Do?

For decades the country’s top lawyers have tried to come up with a unifying theory for Justice Anthony Kennedy’s jurisprudence in hopes of winning over the closely divided Supreme Court’s key swing vote. Sometimes siding with …

Is Obamacare Constitutional?

Two interesting columns this morning on the Supreme Court’s upcoming consideration of the Affordable Care Act, a.k.a. Obamacare. Jonathan Cohn, one of the very best writers on this subject, cuts to the chase: If the individual mandate — the requirement that everyone purchase health insurance — is unconstitutional, then Medicare and …

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