BREAKING: Supreme Court Upholds Obamacare Subsidies 6-3

In a 6-3 decision on King v. Burwell, Supreme Court Chief Justice John Roberts released his opinion that “individuals living in states without state based Obamacare exchanges are eligible to receive federal healthcare subsidies.” 

From Katie Pavlich, Townhall.com:

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“Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter. Section 36B can fairly be read consistent with what we see as Congress’s plan, and that is the reading we adopt. The judgment of the United States Court of Appeals for the Fourth Circuit is affirmed,” Roberts wrote in the opinion.

This ruling presents the Obama administration and President Obama with an enormous victory.

Justice Antonin Scalia has written a scathing dissent (bolding is mine). His dissent was joined by Justices Clarence Thomas and Samuel Alito.

“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,” Scalia wrote. “Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.”

Scalia went on to describe the Court’s rulings as the “defense of the indefensible” and said, “We should start calling this law SCOTUScare.”

“Worst of all for the repute of today’s decision, the Court’s reasoning is largely self-defeating. The Court predicts that making tax credits unavailable in States that do not set up their own Exchanges would cause disastrous economic consequences there. If that is so, however, wouldn’t one expect States to react by setting up their own Exchanges? And wouldn’t that outcome satisfy two of the Act’s goals rather than just one: enabling the Act’s reforms to work and promoting state involvement in the Act’s implementation? The Court protests that the very existence of a federal fallback shows that Congress expected that some States might fail to set up their own Exchanges,” Scalia wrote. “Worst of all for the repute of today’s decision, the Court’s reasoning is largely self-defeating. The Court predicts that making tax credits unavailable in States that do not set up their own Exchanges would cause disastrous economic consequences there. If that is so, however, wouldn’t one expect States to react by setting up their own Exchanges? And wouldn’t that outcome satisfy two of the Act’s goals rather than just one: enabling the Act’s reforms to work and promoting state involvement in the Act’s implementation? The Court protests that the very existence of a federal fallback shows that Congress expected that some States might fail to set up their own Exchanges.”

“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 takes to uphold and assist its favorites. I dissent.”

You can read the entire opinion here.

Ann-Marie Murrell

Ann-Marie Murrell is one of the creators of PolitiChicks and co-owns the site with Morgan Brittany. Ann-Marie is co-author of two bestselling books, “What Women (Really) Want” and "PolitiChicks: A Clarion Call to Political Activism". She has appeared on dozens of television shows including Fox & Friends, CNN, Hannity, the Dr. Phil Show, Huckabee, Lou Dobbs, C-SPAN, One America News, Stuart Varney & Company, Newsmax, MSNBC, and more. In addition to PolitiChicks, Ann-Marie has written for multiple other news sites. You can find Ann-Marie Murrell on Facebook and Twitter: @PolitichickAM E-mail: thepolitichicks@gmail.com

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