Translate

Picture 2

Picture 2

Jan 17, 2015

Supreme Court Should Force Congress To Rewrite Obamacare Law

The Obamacare law says that only residents of states with their own insurance exchanges can get federal tax subsidies.  Residents of states using the federal exchange are not eligible under the law as enacted.  Obama ignored that provision and has been giving subsidies to everybody whether their state has an exchange or not.  A case asking that the law be enforced as written, King versus Burwell, is scheduled for Supreme Court review in March.  Democrats argue that enforcing the law as written will mean chaos as residents of 36 states without exchanges will lose federal subsidies.  The Democrats passed the bill with this provision in it.  By Nancy Pelosi's own admission they didn't know what was in it and passed it anyway. Perhaps next time Democrats draft a 2500 page bill they should take a little more care in drafting it and be a little less hasty in passing it so they have a chance to read it first. The Constitutional remedy for a poorly written law resulting in chaos is further Congressional legislation. Since the One Not Quite All of Us Were Waiting for has a policy of not negotiating with Republicans, this poses a thorny problem that can't be solved by normal methods. You can almost hear the Smartest President Ever going through his list of shovel ready projects, fake red lines, drone attacks, Navy Seal Team 6, blaming George Bush and lies like, "If you like your doctor, you can keep your doctor." The Liberal solution is John Roberts has to violate his oath of office and allow the subsidies to continue.  The Supreme Court's job is to rule on what the law is, not what they would like it to be. If their ruling means that the law as written leads to chaos, then the problem is the way the law was written in the first place.