July, 29th 2015 | By: Michael F. Cannon
In King v. Burwell, Chief Justice John Roberts did the Obama administration a bigger favor than he realized. Writing for a himself and five colleagues, Roberts blessed the administration’s expansion of Affordable Care Act’s individual mandate, employer mandate, and premium subsidies in the 34 states that refused to establish exchanges – event though the majority, to say nothing of the three dissenters, recognized that expansion was in direct conflict with “the most natural reading of the pertinent statutory phrase.” In fact, as enacted by Congress, the ACA denies the government authority to implement those taxes and subsidies in any state. By disregarding the plain meaning of the operative statutory language, the Roberts court not only unwittingly headed off a second wave of similar lawsuits in the 16 states that did choose to establish exchanges. It effectively ratified a nationwide system of taxes and entitlements that no Congress ever authorized. Click here for the article.