By Mark Steyn
Since the
retirement of Sandra Day O’Connor, Swingin’ Anthony Kennedy has been the
swingingest swinger on the Supreme Court, the big Numero Cinco on all those 5–4
white-knuckle nail-biting final scores. So naturally Court observers have been
paying close attention to his interventions in the Obamacare oral arguments. So
far he doesn’t sound terribly persuaded by the administration’s line:
“The government is saying that the federal government has a duty to tell the individual citizen that it must act, and that is different from what we have in previous cases, and that changes the relationship of the federal government to the individual in a very fundamental way.”