判定Obamacare违宪,几成定局# Stock
c*r
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关键就在这位大法官Anthony Kennedy的这一段话:
“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 a very fundamental way.”
“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 a very fundamental way.”