“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,” Scalia wrote. “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.”
“Having transformed two major parts of the law, the Court today has turned its attention to a third. The Act that Congress passed makes tax credits available only on an ‘Exchange established by the State.’ This Court, however, concludes that this limitation would prevent the rest of the Act from working as well as hoped. So it rewrites the law to make tax credits available everywhere.”
As Scalia sums it up: “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.” The practical consequence is that despite the limiting language, tax subsidies will continue to flow to people who buy medical-insurance policies in the majority of states, which have not established exchanges.”
In my opinion, we no longer have 3 branches of government. In fact, I’m not sure what the Supreme Court is. It doesn’t seem to be about what the law says, even a poorly written law like Obamacare which no Republican voted for and no Democrat read. This is the end of the American experiment; words mean nothing.
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