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Justice Scalia's Dissenting Opinion in King v Burwell
SCOTUS ^ | 06-25-2015 | Antonin Scalia

Posted on 06/25/2015 11:19:19 AM PDT by NRx

No excerpt. It's a PDF. Scalia's dissenting opinion begins on page 27.

(Excerpt) Read more at supremecourt.gov ...


TOPICS: Constitution/Conservatism; Front Page News; Government
KEYWORDS: aca; dissent; kingvburwell; lawsuit; ruling; scalia
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To: NRx

State officials in Virginia refused to create a State Exchange so they wouldn’t be on the hook for service provision. Instead, the Feds bore the burden and created an Exchange with the understanding that this included the IRS applying a tax credit to Virginians. This tax credit forced the income threshold down and ultimately expanded coverage to thousands more Virginians.

So because the credit increases the income of the petitioners, they’re now forced to buy health insurance or be penalized by the IRS. That’s why they went to the Supreme Court who basically said that Virginia should have known before agreeing to the Feds creating the Exchange.


21 posted on 06/25/2015 12:19:00 PM PDT by ConservativeWarriors
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To: ConservativeWarriors
That’s why they went to the Supreme Court who basically said that Virginia should have known before agreeing to the Feds creating the Exchange.

Virginia didn't agree to the federal exchange being created. HHS created it when Virginia said it would not create its own. No State could prevent HHS from creating a federal exchange in a State that did not create its own exchange.

22 posted on 06/25/2015 12:22:43 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: caww

Multiculturalism we know...welcome to “Multi-justicism”.


23 posted on 06/25/2015 12:22:56 PM PDT by Fitzy_888 ("ownership society")
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To: caww

There is no rule of law. The Federal government is an illegitimate predatory power.


24 posted on 06/25/2015 12:24:00 PM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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His dissent means nothing. It won’t influence anyone to do anything.

Cheering over a dissent is useless.

The decision is all that counts.


25 posted on 06/25/2015 12:24:28 PM PDT by AlmaKing
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To: South40

hate to agree with the Left....but he is a chimp.


26 posted on 06/25/2015 12:24:43 PM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Ray76

....”There is no rule of law. The Federal government is an ‘illegitimate’ predatory power”......

‘We’re’ under a coup Imo.....operating as such but without ‘known’ violence to achieve it.


27 posted on 06/25/2015 12:35:59 PM PDT by caww
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To: NRx

The decision today should be a signal for all conservatives to come together and rally behind one candidate for president. A conservative president can remake the court for years to come.


28 posted on 06/25/2015 12:36:37 PM PDT by Cowboy Bob (Isn't it funny that Socialists never want to share their own money?)
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To: South40

A fraud.


29 posted on 06/25/2015 12:40:08 PM PDT by VerySadAmerican (I'll vote for a democrat before I'll vote for a rino.)
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To: NRx

btt


30 posted on 06/25/2015 12:48:31 PM PDT by wildbill (If you check behind the shower curtain for a murderer, and find one.... what's yoIur plan?)
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To: zeugma

BTTT!


31 posted on 06/25/2015 2:04:21 PM PDT by Pagey (HELL is The 2nd Term of a POTUS who is a TRUE DIVIDER of humans)
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To: NRx

Our Founding Fathers’ Grand Experiment has ended.


32 posted on 06/25/2015 5:27:26 PM PDT by TennTuxedo
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To: caww

” Scalia is correct saying “Words no longer have meaning”....”

You ain’t kidding - now we have male wives and female husbands and will the kids of the sister of the male wife have to call the male wife Auntie?


33 posted on 06/25/2015 7:35:25 PM PDT by aquila48
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To: aquila48

...”As it was in the days of Noah…”....

This world is now ENTERTAINED by the very things that God DESTROYED the old world and Sodom for in Noah’s and Lot’s day!

Gen 6:5 .....’And God saw that the wickedness of man was great in the earth, and that every imagination of the thoughts of his heart was only evil continually.... The earth also was corrupt before God, and the earth was filled with violence.... And God looked upon the earth, and, behold, it was corrupt; for all flesh had corrupted his way upon the earth.’

The Holy Spirit, Jesus told us, currently convicts the world of sin, righteousness and judgement. But the New Testament speaks of a time when ‘the sinful hearts of men will not be restrained’......

.... as sure as He judged the world the first time, so shall it be done again, and just as the judgement of the flood covered the entire earth so shall the entire earth be affected by the next judgement.


34 posted on 06/25/2015 7:54:33 PM PDT by caww
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To: NRx

Thanks for the link, that was a good read.


35 posted on 06/26/2015 4:42:02 AM PDT by jurroppi1 (The only thing you "pass to see what's in it" is a stool sample. h/t MrB)
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To: Cboldt
"its words are legally meaningless"

Not true. That dissent and its appropriate legal conclusions can be cited.

Not only that, but there's a plethora of star points in the dissent should any candidate be wise enough to seize upon them, in the cause of starving the Beast, or rewriting Bobocare into oblivion...

36 posted on 06/26/2015 6:41:37 AM PDT by StAnDeliver (Own it.)
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To: StAnDeliver

I’ll grant you your point, but note that it turns on how one chooses to define “legally meaningless.” The point I intended but failed to make was that the dissent is void of legal force, not that it was void of legal argument or persuasive material useful outside of the law, such as scoring political points.


37 posted on 06/26/2015 7:56:25 AM PDT by Cboldt
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To: Cowboy Bob

You’re presuming a ‘conservative’ would not get the current blow-back from the House, Senate and SCOTUS.

Considering that SCOTUS has blatantly subverted the Constitution, I fail to see what any further President will be able to do anyway.

At long last some are opening their eyes to the death of our Republic. Long live our Republic.


38 posted on 06/26/2015 9:19:11 AM PDT by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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