- Joined
- Dec 20, 2009
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It is fantastic to hear this. It would be even better if it's not a 5-4 Decision to strike the mandate, but I don't think that's going to be likely.
[video=youtube;M3Vn7ZVvSPE]http://www.youtube.com/watch?feature=player_embedded&v=M3Vn7ZVvSPE#t=0s[/video]
...JUSTICE KENNEDY: But the reason, the reason this is concerning, is because it requires the individual to do an affirmative act. In the law of torts our tradition, our law, has been that you don't have the duty to rescue someone if that person is in danger. The blind man is walking in front of a car and you do not have a duty to stop him absent some relation between you. And there is some severe moral criticisms of that rule, but that's generally the rule.
And here 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 the very fundamental way.
[video=youtube;M3Vn7ZVvSPE]http://www.youtube.com/watch?feature=player_embedded&v=M3Vn7ZVvSPE#t=0s[/video]