By Doug Book, editor
Coach is Right recently alerted its readers to the importance of the upcoming Supreme Court decision in King v Burwell, a case which would determine whether the Internal Revenue Service had the authority—on the orders of Barack Obama–to re-interpret the Affordable Care Act in a manner favorable to Obama and contrary to the clear language and intent of the Act as written by Congress.
Though Obama and members of his Regime have already re-written the Act (contrary to the Constitution) on 31 separate occasions, it was hoped—certainly it was never more than a hope—that the Court would uphold the will of a Congress which wrote 7 times in the Act that subsidies to ObamaCare policy holders would be made available only by ObamaCare Exchanges built by one of the 50 states. The law clearly made subsidies and tax credits unavailable in any state with an ObamaCare Exchange built by the federal government.
A ruling which found that “An Exchange established by the State” was indeed “An Exchange Established by the State” would of course make subsidies unavailable in the 34 States with an ObamaCare Exchange built by the Federal Government. Policy prices would not be competitive in 2/3rds of the nation and the Affordable Care Act would rapidly meet its demise.
But on Thursday, the Court’s decision was published and as many feared, the Supreme Court ruled 6-3 that the clear language and intent of Congress were not acceptable to the Court as the clear language and intent of Congress. As Justice Scalia wrote in the dissent he shared with Justices Alito and Thomas, “…normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act MUST be saved.” (My Caps)
Justice Scalia’s dissent is one for the ages as he not so politely eviscerates the majority, for “The somersaults of statutory interpretation they have performed (‘penalty’ means tax…‘established by the State’ means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence.”
For anyone not paying attention, Justice Scalia has just accused his colleagues of being dishonest. It is a statement beyond the simply critical of Justice Roberts and to a lesser degree, Justice Kennedy, as Scalia goes as far as he can in accusing both of malfeasance, corruption and, well, dishonesty.
The increasingly corrupt and pernicious purveyors of the legal system in the United States make predicting what should be the most straightforward of rulings virtually impossible. An irrepressible appetite to further a politically inspired agenda has replaced the Constitution as the foundation of American jurisprudence. Such a disgraceful and dangerous perversion of the most senior of American courts “…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.”
But the Supreme Court, with Chief Justice Roberts in the lead, has twice “mended” the Affordable Care Act, improperly re-writing and willingly—shall it be called misinterpreting—both the text and the clearly presented desires of Congress.
America’s conservatives have lost the Supreme Court to the corruption and perversity of the left. As wanton dishonesty has replaced honor and integrity on the bench, it is difficult to imagine a time or means of returning the Court to an honest application of constitutional law.