By BRETT NORMAN | 6/28/12 11:26 PM EDT
The statement Justice Anthony Kennedy read from the bench Thursday shows just how close the Affordable Care Act came to being annihilated by the Supreme Court.
“In our view, the entire act before us is invalid in its entirety,” Kennedy said.
In the written dissent, Kennedy was joined by Justices Samuel Alito, Clarence Thomas and Antonin Scalia, writing against the majority decision upholding the individual mandate under Congress’s taxing power. The dissenting justices noted that the law refers to it as a requirement and a penalty with only the “flimsiest of indications to the contrary.”
The majority opinion, written by Chief Justice John Roberts, rewrites the law, Kennedy said in his bench statement.