#16. To: cranko, TooConservative, liberator, Vicomte13, GarySpFc, CZ82, BobCeleste (#0)
Here are some excerpts from the statements from the SCOTUS justices. Roberts comments are quite telling:
Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them, Roberts wrote in the majority opinion. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.
Roberts continued, 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.
In a dissent he summarized from the bench, Justice Antonin Scalia said, We should start calling this law SCOTUScare. Using the acronym for the Supreme Court, Scalia said his colleagues have twice stepped in to save the law from what Scalia considered worthy challenges.
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 Courts 21 pages of explanation make it no less so, Scalia wrote.
Scalia added, 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.
Justices Samuel Alito and Clarence Thomas joined the dissent, as they did in 2012.
Words no longer have meaning if an Exchange that is not established by a State is established by the State.
Don't forget those "penumbras" and "emanations". Justice Roberts has joined with the living Constitution crowd who think of language like Humpty Dumpty did. What the emperor decrees is the law ,is the law.
When I use a word, Humpty Dumpty said in rather a scornful tone, it means just what I choose it to mean neither more nor less.
The question is, said Alice, whether you can make words mean so many different things.
The question is, said Humpty Dumpty, which is to be master thats all.