It’s an interesting exchange.
I think some more context of that back and forth could help clarify the issue.
That said, I’m not sure that a majority of SCOTUS is going to care about their intent.
The fact is the dems rushed the process, and they wrote the bill.
Now it has been passed and we know what’s in it.
The plain language of the statute is in direct opposition to the IRS rule.
My take us that the 4 justices who found the entire law to be unconstitutional are already going to be inclined to vote against the administration.
Also, Roberts has the freedom to vote with them this time because he can lay the blame squarely on Congress, and say they can fix it if they want it to mean what the IRS says.
It doesn’t highly politicize the court like the first case.
And the first Roberts vote (while deplorable) will give him cover this time around.
He can say “see I don’t have a dog in this- just calling balls and strikes.”
I also think SCOTUS actually waited for Tuesday’s results before deciding whether to hear the case.
Now they have the public support to cripple the law- as if there was any doubt before.
That is some very good analysis, Chump. I think you’ve got a handle on the situation. After reading your thoughts, I’m feeling guardedly optimistic for the first time since the SC took this case. May it all go just as you’ve suggested.
Btw, the law is so badly written because no one imagined it would become law. The House, Dem at the time, had their own version. It was supposed that a joint committee of Reps & Senators would reconcile the two disparate bills. That all depended on Ted Kennedy’s seat remaining Dem, which seemed like a sure thing.
Scott Brown upset the applecart, and that is why the not-ready-for-primetime Senate monstrosity became law. They couldn’t tinker with it without necessitating another Senate vote, which this time they’d lose. But what did they care? They still have excellent healthcare. It is we the people who’ve been paying the price for their villainy ever since.