But supporters of the school choice plans found some hope in Justice Anthony Kennedy's concurring opinion.

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Thomas wrote a concurring opinion, which laid out a template that he, and to some extent the Court, has since followed.

NEWYORKER: Partners

Perhaps the Court, as Justice Anthony Kennedy suggested in his concurring opinion in Kiobel, will provide further guidance on the scope and reach of the statute.

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In a concurring opinion, Justices Scalia and Thomas argued that the Court should reverse Flast and deny standing to anyone objecting to either federal spending or tax expenditures.

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They were joined in a concurring opinion by Justices Stephen Breyer and Elena Kagan, who said Congress could craft a more narrowly tailored statute that may pass constitutional muster.

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In her concurring opinion, Justice Ginsburg writes that the mandate would also stand under the Commerce Clause ( found at Article One of the United States Constitution, section 8, clause 3).

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In a concurring opinion in that case, McDonald v.

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Justice Ginsberg wrote the concurring opinion.

FORBES: When Is A Penalty A Tax? Sorting Through The SCOTUS Health Care Decision.

Sutton 's concurring opinion.

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