‘We Should Start Calling This Law SCOTUScare’ And 20 Other Epic Scalia Burns
Associate Justice Scalia, whose dissents are always a fun read, was openly disdainful of the reasoning used by the majority to arrive at its conclusion. Here are 21 passages that capture his disappointment.Read the rest. It seems to me that Chief Justice Roberts walked pretty far down the path to making the court a substitute legislative body on Obamacare, and then walked back most of the way in his dissent on the gay marriage ruling then next day. Oh, well, who wants foolish consistency in a Supreme Court Chief Justice anyway?
1) “The Court holds that when the Patient Protection and Affordable Care Act says ‘Exchange established by the State’ it means ‘Exchange established by the State or the Federal Government.’ That is of course quite absurd, and the Court’s 21 pages of explanation make it no less so.”
2) “This case requires us to decide whether someone who buys insurance on an Exchange established by the Secretary gets tax credits. You would think the answer would be obvious—so obvious there would hardly be a need for the Supreme Court to hear a case about it. In order to receive any money under §36B, an individual must enroll in an insurance plan through an ‘Exchange established by the State.’ The Secretary of Health and Human Services is not a State. So an Exchange established by the Secretary is not an Exchange established by the State—which means people who buy health insurance through such an Exchange get no money under §36B.”
3) “Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State.’”
4) “Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.”
. . .
9) “It is probably piling on to add that the Congress that wrote the Affordable Care Act knew how to equate two different types of Exchanges when it wanted to do so. The Act includes a clause providing that ‘[a] territory that . . . establishes . . . an Exchange . . . shall be treated as a State’ for certain purposes. §18043(a) (emphasis added). Tellingly, it does not include a comparable clause providing that the Secretary shall be treated as a State for purposes of §36B when she establishes an Exchange.”
. . .
16) “The Court’s decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people’s decision to give Congress ‘[a]ll legislative Powers’ enumerated in the Constitution. Art. I, §1. They made Congress, not this Court, responsible for both making laws and mending them. This Court holds only the judicial power—the power to pronounce the law as Congress has enacted it. We lack the prerogative to repair laws that do not work out in practice, just as the people lack the ability to throw us out of office if they dislike the solutions we concoct. We must always remember, therefore, that ‘[o]ur task is to apply the text, not to improve upon it.’”
House bill would force the Supreme Court to enroll in ObamaCare
A House Republican on Thursday proposed forcing the Supreme Court justices and their staff to enroll in ObamaCare.Seems fair. It would be amusing if only to see if the court would attempt more legislating from the bench to overrule it.
Rep. Brian Babin (R-Texas) said that his SCOTUScare Act would make all nine justices and their employees join the national healthcare law’s exchanges.
“As the Supreme Court continues to ignore the letter of the law, it’s important that these six individuals understand the full impact of their decisions on the American people,” he said.
“That’s why I introduced the SCOTUScare Act to require the Supreme Court and all of its employees to sign up for ObamaCare,” Babin said.
Babin’s potential legislation would only let the federal government provide healthcare to the Supreme Court and its staff via ObamaCare exchanges.
“By eliminating their exemption from ObamaCare, they will see firsthand what the American people are forced to live with,” he added.