Michael Gaynor
Obamacare really is unconstitutional, so SCOTUS transformed it into SCOTUScare to save it!
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By Michael Gaynor
June 26, 2015

The majority did not correct a scrivener's error, it effectively rewrote the Affordable Care Act aka Obamacare, income redistribution legislation promoted as healthcare reform.

Abraham Lincoln: "How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn't make it a leg."

Lincoln must be aghast with two-thirds of the current members of the Supreme Court of the United States aka Scotus.

Matt Schlapp, Chairman of the American Conservative Union, definitely is and did not mince words on what the majority opinion in the Supreme Court's 6-3 decision in King v. Burwell:

"Today we are reminded of why it is destructive to have activists on the Supreme Court who are empowered by their hubris to act as Judge, Senator and King.

"What's clear is that Professor Jonathan Gruber, President Barack Obama, Leader Harry Reid and former Speaker Nancy Pelosi thought they could force Republican governors to create their own state-based insurance exchanges. But because those 36 governors found Obamacare's mandates so repellant, they spared their constituents and chose the unsubsidized Federal insurance exchanges instead.

"Chief Justice John Roberts now thinks it is his job to re-write the unambiguous language of the law to achieve a certain outcome: the radical Leftist dream of socialized medicine.

"Justice Roberts and the other concurring five justices have disgraced their office, sprayed graffiti on the Constitution, and set America on a path toward a constitutional crisis. In fact, two of these Justices blatantly deceived Congress during their confirmation hearings, and lied to the Presidents who appointed them. Justices Roberts and Anthony Kennedy promised President George W. Bush and President Ronald Reagan that they would follow the letter of the law.

"Under oath, Justice Roberts swore that he would not engage in judicial activism. He has betrayed his own integrity, the integrity of the court and the American people.

"Justices Roberts and Kennedy promised to only look at the statutory language drafted by Congress and the Constitutionality of that language. Instead they acted like corrupt county politicians, trying to achieve a political outcome as if they were cutting backroom deals in a smoke-filled room. The Republican-led Senate should haul these robed manipulators back to explain why they lied during their confirmation hearings. CEO's of private corporations are not allowed to commit perjury before Congress. Why should the head of the Judiciary be held to a lower standard?

"Those of us who labored to get John Roberts confirmed are owed an apology. What is more tragic is we owe our fellow Americans an apology for believing him in the first place.

"There are three honest justices on the nation's highest court: Justices Samuel Alito, Clarence Thomas, and Antonin Scalia. The world should know that Roberts and Kennedy have not behaved as justices but instead as political hacks without term limits. They have brought shame to their office and defied the Presidents who placed their trust in them."

So they did!

The majority did not correct a scrivener's error, it effectively rewrote the Affordable Care Act aka Obamacare, income redistribution legislation promoted as healthcare reform.

Justice Antonin Scalia, in a blistering dissent, brilliantly emphasized how "activist" the Supreme Court has been in upholding what Justice Scalia calls "SCOTUScare."

"Having transformed two major parts of the law, the Court today has turned its attention to a third. The Act that Congress passed makes tax credits available only on an 'Exchange established by the State.' This Court, however, concludes that this limitation would prevent the rest of the Act from working as well as hoped. So it rewrites the law to make tax credits available everywhere. We should start calling this law SCOTUScare.

An Exchange established by the Federal Government is NOT an "Exchange established by the State."

Remember when Chief Justice John Roberts was applying for the job and promising that he'd be an umpire calling balls and strikes?

Obamacare struck out twice, but each time the Chief Justice refused to call a strike.

© Michael Gaynor

 

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Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)

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