We are living in a post Constitutional age. Thus the social contract is broken. Any rules of civility fly out the window.
Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed ("penalty” means tax, "further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, "established by the State”means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence.And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takesto uphold and assist its favorites.
I dissent. - SCALIA, J., dissenting
Scalia added, “Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State.’ It is hard to come up with a clearer way to limit tax credits to state Exchanges than to use the words ‘established by the State.’ And it is hard to come up with a reason to include the words ‘by the State’ other than the purpose of limiting credits to state Exchanges."
And we lost the disparate impact case, too. This is a dark day.
Druglord Bush pulled a complete headfake on us by pulling away the inexperienced Harriett Myers and replacing her with this viper Roberts.
Actually he replaced Harriet Myers with Alito. If the conservative base hadn't made an uproar about the Harriet Myers nomination, we likely would've ended up with two awful Supreme Court nominees from Bush.