Thursday, June 25, 2015

Theater of the Absurd

That's what Justice Antonin Scalia thinks of six of his colleagues in his dissent (and joined by Justices Thomas and Alito);
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.
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.

Words no longer have meaning if an Exchange that is not established by a State is “established by the State.”
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.
(Impossible possibility, thy name is an opinion on the Affordable Care Act!)
Six Justices of the Supreme Court have no clothes!

Which isn't funny. Unless you think Dred Scott was.

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