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DR. JOHN SPARKS: A SAD, CONFUSED, AND OMINOUS OBAMACARE DECISION |
Continuing, the majority pulls away the curtain of obscurity when it says: “In this instance, the context and structure of the Act compel us to depart from what would have otherwise been the most natural reading of the pertinent statutory phrase.”
Such an admission by Justice Roberts and the majority is sad, confused, and ominous. The clear structure and context of the pertinent statutory language that Congress put in place was to induce states to open exchanges by offering them and their citizenry tax credit/subsidies. When that failed to work, the IRS intervened by issuing a regulatory fiat. The result was not produced by poor drafting, as the court also seems to say, but by an errant political calculation about what the states would do. The court itself concedes that by a “natural reading” of the statute in question it should have refused the subsidies to the federal exchanges. Instead of doing what courts are intended to do—interpret according to the words written by the legislators—it departs from that and relies upon what it calls a “fair understanding of the legislative plan.”
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