Some interesting decisions today and I hope I’ll have time later on to comment on them. I wish I’d had money riding on when the Supreme Court would hand down their rulings in King v. Burwell and Obergefell v. Hodges. I’ve been right so far and I continue to think they won’t release either of those decisions until the very last minute.
I continue to think they won’t release either of those decisions until the very last minute.
…which is what they did during the last legal round testing the constitutional merits of the PPACA.
I personally think the subsidies will be upheld by the strained thinking of the four liberal jurists, plus either Kennedy or Roberts throwing in the towel. It will be judicial activism, at it’s ripest, that will cement this law even further into posterity. Never mind the original arm-twist intent of the law’s authors to fiscally encourage states to set up their own exchanges in exchange for receiving government subsidies. When a liberal strategy fails, their remedy is to simply reinvent the intent!
I don’t agree that the thinking is particularly strained. However, I don’t think that the SCOTUS should be carrying water for the Congress, either.