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October 23, 2013

The plain language in Obamacare allows for its destruction

This could have been a thing prior to post-Constitutionalism

...The Affordable Care Act authorizes subsidies only for policies purchased 'through an Exchange established by the State.'

A different section of the law empowers the federal government to set up its own exchanges for each state that chose not establish one.

But government lawyers have argued that 'Congress made clear that an exchange established by the federal government stands in the shoes of the exchange that a state chooses not to establish.'

The Treasury Department, they contend, 'has reasonably interpreted the Act to provide for eligibility for the premium tax credits for individuals in every state, regardless of which entity operates the exchange.'

But that amounts to the federal government ignoring the letter of the law, lawyer Sam Kazman says.

And 'without those subsidies, the employer mandate isn't triggered...

...that could make the entire Obamacare system unsustainable.

Foolishly worded law is still the law. A past SCOTUS judge, Benjamin Cardozo, once tersely remarked in an opinion on a case where the law was ineptly written and produced unintended results: "Words matter." When the language was clear, plain, and STUPID, he properly opined that was NOT the court's problem to fix.

OK, you can stop laughing now.

How times have changed, eh? In our post-Constitutional Calvinball era, words mean whatever you want them to mean, so of course this case will go nowhere even if it makes it to SCOTUS.


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posted by Purp at 11:42 AM

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