Stanford Law Review Online: How to Reach the Constitutional Question in the Health Care Cases

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1 Response

  1. Steve says:

    The Note seems to imply that a majority of the Justices would need adopt the TA-AI reasoning in order for the Constitutional question not to be reached. Seems like it would only take Justice Kennedy, on TA-AI grounds, to join the four liberal Justices (reversing on the merits) to reach what is tantamount to the same result.