With the Affordable Care Act (a.k.a. Obamacare) before the Supreme Court, it’s constitutionality is hanging by a precarious thread.  Right now the Court’s four liberals want to uphold the vote, and the Court’s four conservative are inclined to strike down the law. Fate has chosen the Court’s sole moderate, Associate Justice Anthony Kennedy, to be the Solomon who shall decide the legality of health care reform.  It is ironic, Anthony Kennedy, the man deemed by critics as or “the soft headed justice”, will be the final arbiter of what steps the government can take to ensure each of it’s citizens are guaranteed a modicum of health services.

In the old days, men with the intellectual stature of Kennedy (smart, but not brilliant) were sheep justices to be herded by the majority.  These men had no serious jurisprudence, (legal philosophy on how cases should be decided) rather they went along with the majority…

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