Free Republic

Train Wreck: From the tone of his Obama-Care opinion, Chief Justice Roberts seems to believe he's spared a law that's working just fine. Wrong. With or without the court's help, ObamaCare is in desperate shape.

Good news from the Supreme Court today: If you like your health care subsidies, you can keep them. If you like limited government and the separation of powers, you are out of luck. Now that Chief Justice Roberts and five of his colleagues found that the phrase “Exchange established by the State” means “Exchange established by the State or the Federal Government,” we should henceforth follow Justice Scalia’s suggestion that this act of Congress, which had to be passed before the People knew what was in it and then had to be rescued not once, but twice, by a complicit...

So the Supreme Court has upheld the subsidies and taxes under Obamacare in states that did not establish exchanges, despite the text of the law requiring that those subsidies and taxes apply to states that established exchanges. This is not very surprising. We have not been publishing or writing much about the King v. Burwell because I was confident – I thought it was a 1 in 5 shot, and I believe Michael Cannon thought the same – that SCOTUS would uphold the law no matter the facts of the case. In the short run conservatives may feel depressed about...

Feeling misled? You certainly should. Congress created a law so complex that it occupies between 2,400 and 2,800 pages depending on who says what, almost all of them unread by the people who voted for it. President Obama and his Democratic colleagues told you many things about the law – most of which were either mischaracterizations or outright lies. What Chief Justice John Roberts did was tell the truth, and now we can move forward. This is all on Chief Justice Roberts. The four liberals who concurred with him don’t believe that the individual mandate is a tax. They firmly...

THE SUPREME COURT’S 5 to 4 decision upholding the core of the Affordable Care Act is good news for the court and the country. Chief Justice John G. Roberts Jr. was statesmanlike in choosing to side with four more liberal justices in finding that the law’s most controversial provision, the mandate that individuals obtain health insurance, was a constitutional exercise of Congress’s power “to lay and collect taxes.” That solution allows the main provisions of the law to take effect. Even more important, it is respectful, as the court should be, of congressional authority and the democratic process that underlies...

The Supreme Court’s Obamacare ruling on Thursday cuts right to the very fabric of the relationship between a once-limited government and a once-free citizen, but the eternal struggle between liberty and tyranny endures. It is a beginning, not an end. As enormously important as the high court’s Obamacare ruling is - and it’s huge - it’s not the final word. The legal and political dust has not yet settled, and it will take some time for the unpredictable ripples to form the powerful waves of history. Yet, history waits for no man, so we begin by asking: What now? First,...