The law clearly requires an exchange “established by the state” for these federal subsidies to transfer wealth from productive Americans to crony-capitalist health insurance companies. An exchange established by FedGov does not qualify, and neither does an exchange established by a collection of states (plural). The worlds of that terrible law require a state (singular), and we have a right to demand compliance with the letter of the law.
The law’s clarity is one issue, but that is never the issue that drives justices. They will look for any angle regarding alternative readings. They’ll look at commas and other punctuation, they’ll look at clauses, conjunctions and any other grammatical issues, they’ll look at emanations and penumbras, they’ll look at intentions and debates.
I believe that in the end, they will decide that this was a hurriedly written law that really needs to be changed. We will then have a 5-4 or 6-3 vote striking down any financial part of ObamaCare. With Mitch in charge of the Senate and Boehner in charge of the House, they will reach a backdoor deal that the financial portion of ObamaCare will be rewritten and passed by a coalition of Rinos and Democrats.
What can the liberals live with and the Rinos get away with?
Some form of single payer that doesn’t look like single payer/single plan. Direct payment to an insurance company of some percentage of one’s adjusted gross income with the company then receiving payment from the Fed of any remaining amount. The rinos will look conservative by fighting for the health plan to be a ‘tin’ plan. The democrats will look liberal for fighting for the plan to look like a ‘silver’ plan. They will agree to it being a ‘bronze’ plan.
Yes, and the Constitution clearly does not authorize obolacare, and "Shall not be infringed" is unambiguous as all get out, but NONE of this matters as long as we continue to consent. Do you currently have insurance? Then you consent to it. Do you pay your taxes? Then you consent to it. Do you spend federal reserve notes? Then you consent to it. Do you submit to background checks when you buy a firearm? Then you consent to it.
"Governments...derive their just powers from the CONSENT of the governed." - When we find the balls it'll take to stop consenting, then things will change. Until then, this is our fault.