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In Upholding Obamacare’s Subsidies, Justice Roberts Rewrites the Law—Again
Reason ^ | June 25, 2015 | Peter Suderman

Posted on 06/25/2015 1:40:33 PM PDT by reaganaut1

Supreme Court Chief Justice John Roberts has rewritten the law to save Obamacare—again.

Roberts’ majority opinion today in King v. Burwell, which ruled that the Obama administration’s decision to allow health insurance subsidies flow through the law’s federal exchanges, leaves no doubt that Roberts considers it his duty to keep the law afloat.

"Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them," he writes. "If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter."

And so Roberts decided that a law which explicitly and repeatedly states that subsidies are limited to exchanges "established by a State," and which defines "State" as one of the 50 states or the District of Columbia, actually allows subsidies in exchanges established by a State or the federal government. Roberts’ decision does not interpret Obamacare; it adds to it and reworks it, and in the process transforms it into something that it is not.

Roberts has not merely tweaked the law; he has rewritten it to mean the opposite of what it clearly means. Why include the phrase "established by a State under Section 1311"—the section dealing with state-based exchanges—except to limit the subsidies to those particular exchanges? Roberts’ opinion reconceptualizes this limiting language as inclusive.

The Chief Justice frames his decision as a form of respectful deference to congressional intent. As my colleague Damon Root noted earlier, his opinion cautions that in "every case we must respect the role of the Legislature, and take care not to undo what it has done. A fair reading of legislation demands a fair understanding of the legislative plan."

(Excerpt) Read more at reason.com ...


TOPICS: Editorial; News/Current Events
KEYWORDS: kingvburwell
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1 posted on 06/25/2015 1:40:34 PM PDT by reaganaut1
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To: reaganaut1

Roberts is just a conformist, yaknow. He abides by previous mods he made before.., what a gem. No, what a pyrite.


2 posted on 06/25/2015 1:44:02 PM PDT by NormsRevenge (SEMPER FI!! - Monthly Donors Rock!!)
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To: reaganaut1
typical get into a position, and say all the right things, and then do what you want....

...wished I would have been a dishonest person younger in life, I could be sitting pretty right now....

3 posted on 06/25/2015 1:44:39 PM PDT by HarleyLady27 (Get the USA out of the UN then get the UN out of the USA; send bamaboy back to Kenya ASAP!!!!)
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To: reaganaut1

If Roberts believes Obamacare will ‘improve’ markets (something impossible when government’s thumb is on the scale) then he is a fool.

If Roberts knows that Obamacare is meant to destroy those markets in favor of the Hobson’s Choice known as socialized medicine, he is a liar.

There is no third option.


4 posted on 06/25/2015 1:44:41 PM PDT by relictele (Principiis obsta & Finem respice - Resist The Beginnings & Consider The Ends)
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To: reaganaut1
It is proving that the Supreme Court is a left communists body and no longer ruling on the law. They have been making laws as much as King Obama’s club of communists. America is finished and don't hope that we will get the White House in 2016. When the entire body including the Senate and House support the left communists we are done. Do not be fooled by all the GOP talking points. They are hollow.
5 posted on 06/25/2015 1:45:01 PM PDT by Logical me
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Comment #6 Removed by Moderator

To: reaganaut1
"You must ensure the survival of the "NWO Citizen Database" all all costs even if it means blackmailing all of the SC justices."


7 posted on 06/25/2015 1:47:04 PM PDT by jsanders2001
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To: reaganaut1
Well it seems that we as a country no longer have the rule of law as embodied in the Constitution, Instead we have a rogue government that serves only itself. This is NOT going to end well.
8 posted on 06/25/2015 1:47:21 PM PDT by mongo141 (Revolution ver. 2.0, just a matter of when, not a matter of if!)
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To: reaganaut1

Of course, Benedict Roberts thumbs his nose at the law with the sure knowledge that he has nothing to fear. Obama and Roberts have shown that there is no need for the House and Senate because they can do anything they want and pay for it with money taken from the clueless taxpayers. The sheep will follow their orders because that’s what they always do.


9 posted on 06/25/2015 1:50:25 PM PDT by txrefugee
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To: reaganaut1

Chief Justice Roberts should be impeached.


10 posted on 06/25/2015 1:52:34 PM PDT by Swordmaker ( This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: reaganaut1

Isaiah 10; 1 What sorrow awaits the unjust judges and those who issue unfair laws.

2 They deprive the poor of justice and deny the rights of the needy among my people. They prey on widows and take advantage of orphans.

3 What will you do when I punish you, when I send disaster upon you from a distant land? To whom will you turn for help? Where will your treasures be safe?

4 You will stumble along as prisoners or lie among the dead.
But even then the Lord’s anger will not be satisfied.
His fist is still poised to strike.


11 posted on 06/25/2015 1:54:15 PM PDT by hosepipe (This propaganda has been edited (specifically) to include some fully orbed hyperbole..)
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To: reaganaut1

There is no freakin’ way Bush Jr didn’t know who he was appointing; just like there is no way GW Bush didn’t know who he was appointing. Liberal fascists who have enough money to survive the US collapse, whatever that will look like. Also, I’m sure Roberts is blackmailed.


12 posted on 06/25/2015 1:54:16 PM PDT by CincyRichieRich (We plan to endure. 3%)
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To: reaganaut1

The words of George W. Bush’s press secretary in September 2005 when Bush nominated Roberts for Chief Justice:

“This had been something in the back of the president’s mind in case such a scenario came into being, if the chief justice had retired,” said White House press secretary Scott McClellan. “The president, when he met with [Roberts], knew he was a natural-born leader.”

Apparently all part of the big plan.


13 posted on 06/25/2015 1:59:40 PM PDT by Soul of the South (Yesterday is gone. Today will be what we make of it.)
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To: NormsRevenge

They must have the goods on Roberts and he dances as hard as they say.


14 posted on 06/25/2015 2:00:01 PM PDT by Blood of Tyrants (A free society cannot let the parameters of its speech be set by murderous Islamists.)
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To: reaganaut1

Way past time for a 5th Amendment convention. . . State Legislatures, STEP UP TO THE PLATE and SWING FOR THE FENCE!


15 posted on 06/25/2015 2:02:05 PM PDT by Swordmaker ( This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: reaganaut1

Of all the complaints conservatives could have of George W. Bush, John Roberts is now at the top of the list.


16 posted on 06/25/2015 2:04:27 PM PDT by Colonel_Flagg ("Politics is downstream from culture." -- Andrew Breitbart)
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To: reaganaut1

The law wasn’t re written, it was DISMISSED. WE were dismissed, by the elites. We can’t let them get away with this. We are worse than Morons if we do. We are Cowards who have turned our backs upon all who have given up the Ghost for our freedom. It’s that simple. We got to get off our ass and get in their faces.


17 posted on 06/25/2015 2:06:49 PM PDT by TalBlack (Evil doesn't have a day job...)
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To: reaganaut1

Just wait until the Tax/Fine hits thousands of dollars and eats up people tax refund ,LOL


18 posted on 06/25/2015 2:07:29 PM PDT by molson209 (Blank)
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To: reaganaut1

So, whaddaya gonna do about it?


19 posted on 06/25/2015 2:14:26 PM PDT by Wolfie
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To: Swordmaker
Way past time for a 5th Amendment convention. . . State Legislatures, STEP UP TO THE PLATE and SWING FOR THE FENCE!

Damn, I'm so angry I'm making errors. Make that Article 5 convention.

20 posted on 06/25/2015 2:15:35 PM PDT by Swordmaker ( This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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