Roberts Fundamentally Transforms SCOTUS Into Super Legislature

Thursday, June 25th, 2015 and is filed under Blog, Obamacare

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Cross posted from Conservative Review.

By: Daniel Horowitz | June 25th, 2015

With a Republican Party that fights just as hard for the liberal agenda as the Democrat Party, the remaining argument promoted in defense of voting for liberal Republicans is that they will appoint good judges to the Supreme Court. Today’s events should relegate that argument to the fate of the Confederate flag.

For the second time in two years, Chief Justice John Roberts redrafted Obamacare from the bench. We already know that Obama has supplanted the legislative powers of Congress; now Roberts is competing with him to consume the remaining vestiges of legislative power ceded by the people’s representatives.

In upholding the Obamacare subsidies in states with federal exchanges – in contravention to the plain text of the law – Roberts and the 5 other Justices have made it clear that political outcomes and ideology not only affect their constitutional jurisprudence but their obligation to read the plain meaning of congressional statutes.

After essentially conceding the argument that the plain language of the text only provides for subsidies for those states that set up state-based exchanges, Roberts wrote, “In this instance, the context and structure of the Act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.” Roberts concludes, “A fair reading of legislation demands a fair understanding of the legislative plan. Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.”

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