Ben Shapiro who is a Harvard Law grad has a good summary of Thursday’s awful Supreme Court decision.
On Thursday, the Supreme Court released its long-awaited decision on Obamacare’s IRS subsidies under federal health insurance exchanges. And, as expected, the Court rewrote the statute to help President Obama’s signature law.
[…]In King v. Burwell, four citizens sued over Obamacare, alleging that they had been forced to purchase health insurance; they said that the federal health exchange set up in Virginia in absence of a state-created health exchange under Obamacare did not count as a “state exchange” for purposes of the statute, making it illegal for them to receive federal subsidies for their health insurance. Without the subsidies, they would no longer be required to purchase health insurance, since it would be too expensive.
Now, Obamacare’s language is quite clear: it states that only those who buy insurance via state-run health exchanges may receive federal subsidies. This provision was purposefully designed to incentivize states to set up their own exchanges, in order that politicians could take credit for making health insurance more widely available with the help of the federal government. When states turned down the opportunity to set up such exchanges, the scheme collapsed. Or at least it would have, had not President Obama’s IRS casually rewritten the law, and provided federal health insurance subsidies via the federal health exchanges in violation of both the letter and spirit of the law.
Basically, the Supreme Court judges interpreted “an exchange established by the State” to mean “an exchange established by the State or the Federal Government“. If you think that’s a substantial mistake, you’re right. It’s a complete fabrication, and it amounts to writing legislation on-the-fly to save Obama’s law.
Roberts utilized the following logic, direct from the insane asylum:
[W]e must determine whether a Federal Ex- change is “established by the State” for purposes of Section 36B. At the outset, it might seem that a Federal Exchange cannot fulfill this requirement. After all, the Act defines “State” to mean “each of the 50 States and the District of Columbia”—a definition that does not include the Federal Government. 42 U. S. C. §18024(d). But when read in context, “with a view to [its] place in the overall statutory scheme,” the meaning of the phrase “established by the State” is not so clear.
Then, for page after dreadful page, Roberts and the Court majority torture the statute, declaring that if it floats, state exchanges will be deemed federal exchanges, and if it sinks, federal exchanges will be declared state exchanges.
Apparently, the plain meaning of the text is not so clear to our nine black-robed oligarchs.
Ben quotes Justice Scalia’s dissent:
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…. Words no longer have meaning if an Exchange that is not established by a State is “established by the State.” It is hard to come up with a clearer way to limit tax credits to state Exchanges than to use the words “established by the State.” And it is hard to come up with a reason to include the words “by the State” other than the purpose of limiting credits to state Exchanges.
Investors Business Daily says that Obamacare is running into financial struggles. So it’s not just that you can’t keep your doctor, you can’t keep your health plan, and you have to pay thousands more for health insurance. Now we find out that the rosy fiscal projections for the cost of the law were false.
Looks like we are going to be stuck with Obamacare until we get a Republican President. I think that as more people who get their health care through their employers start to feel the premium pain that self-employed people have already felt. That may be useful for the 2016 election, especially since Hillary has already thrown her support behind Obamacare. Maybe when people are paying double what they used to pay for half as much coverage, then they’ll understand why we do not want government involved in the health care industry.