Supreme Court Justice Anthony Kennedy just let something slip that surely came as bad news to President Obama.
In a budget meeting with the House Appropriations Committee, Kennedy made a series of comments that suggested he would vote against the use of premium-reducing subsidies that would make Obamacare more accessible to those who don’t have medical insurance.
Kennedy specifically said the Supreme Court should not worry about the impact of its decisions, or whether a law is “flawed but flexible.”
In June, the Supreme Court will be hearing the case of King v. Burwell, a case that challenges the notion that Obamacare enrollees should receive premium-inducing subsidies. If Kennedy and a majority of his fellow justices vote against it, Obamacare will suddenly be unsustainable.
Kennedy’s comments appeared to be specifically against the Obama administration, which has said that ruling against the subsidies would be bad for the Supreme Court’s image.
“Let us assume that we have three fully functioning branches of government that are committed to proceed in good faith and with good call toward one another to resolve the problems of this republic,” he said.
Obama is likely particularly alarmed by this because Kennedy is often the swing vote on the Supreme Court. With him against Obamacare, it’s not looking good for the president’s favorite pet project.