The Supreme Court today chose to rewrite ObamaCare rather than do its duty as a court and rule on the case at hand.
CBS News is reporting:
The Supreme Court on Thursday upheld the nationwide tax subsidies under President Barack Obama’s health care overhaul, in a ruling that preserves health insurance for millions of Americans.
The justices said in a 6-3 ruling that the subsidies that 8.7 million people currently receive to make insurance affordable do not depend on where they live, under the 2010 health care law.
The outcome is the second major victory for Obama in politically charged Supreme Court tests of his most significant domestic achievement.
Chief Justice John Roberts again voted with his liberal colleagues in support of the law. Roberts also was the key vote to uphold the law in 2012. Justice Anthony Kennedy, a dissenter in 2012, was part of the majority on Thursday.
The National Journal is reporting:
The decision, Scalia wrote, “rewrites the law.”
We should start calling this law SCOTUScare,” he wrote.
He continued: “Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act’s limitation of tax credits to state Exchanges, Scalia wrote.
Scalia took issue with the majority’s interpretation of the language of the Affordable Care Act. The law states that in order for people to qualify for health care subsidies, they need to be “enrolled in through an Exchange established by the State.” The majority upheld that by “state,” the law intended to mean individual state exchanges or exchanges set up by the federal government. If the Court had ruled the other way, more than 6 million people would have been at risk of losing their coverage. Their ruling rejects a lawsuit that aimed to gut federal health-care subsidies for people in 34 states.
“The Secretary of Health and Human Services is not a State,” Scalia wrote. (The majority argued that gutting the subsidies for the state exchanges would result in a “death spiral” for the market places and that “It is implausible that Congress meant the Act to operate in this manner. “)
It is not the duty of the Supreme Court to write law. The Supreme Court can only examine legislature to see if it aligns with the U.S. Constitution. This right of review was established in 1803 with the Marbury v.. Madison case–it was not written into the original U.S. Constitution. although the concept was mentioned in Federalist No. 78:
It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
In the case of King v. Burwell, the Supreme Court rewrote the law and exceeded its authority. We have reached the point in America where the U.S. Constitution is no longer the law of the land. Unless the American people begin to pay attention to what is happening and take action (an Article V Convention of States is looking really good right now), we will lose our representative republic.