Thursday, June 25, 2015
OBAMACARE LIVES
The decision was rendered Thursday; by a 6:3 vote SCOTUS upheld the subsiding health care insurance throughout the country whether the State Exchanges were State or Federal run.
The majority as stated by Chief Justice Roberts decided that the avowed intent of the law was for everyone who needed subsidies should be eligible.
For the three Scalia, Alito, and Thomas; Scalia wrote a scathing 26 page minority report which he accused the majority of “playing favorites” to the Obama Administration and the Judges not upholding the written word of the law but accepting some ones claim of intent.
Scalia wrote: “Who would ever have dreamt that ‘Exchange established by the State’ means ‘Exchange established by the State or the Federal Government?’ ”
Chief Justice Roberts in his majority opinion noted: “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.”
Roberts wrote that “the Affordable Care Act contains more than a few examples of inartful drafting”—and that this explained the ambiguity. (For example, there are apparently three Section 1563s.) In other words, one of the things that has saved Obamacare, at this late hour, is that the whole thing is, in terms of its drafting, a little bit of a mess.”
That is an understatement. At the time the law was enacted I among others noted the size of the bill, over 1000 pages, and doubted that any one in Congress or members of their staffs had read it in its entirety or even understood it.
The President signed into a law something that was full of errors. How can we trust the sanctity of any law?
Although I fault Obamacare as it is constituted and for providing a health care atmosphere that is not only sub-optimal for the patient, but is economically driven to the benefit of vendors such as the Insurance carriers and other entrepreneurs at the expense of the both the providers and consumers (patients); we have the moral and humanistic responsibility to see that all can get care.
Next more on Obamacare late Friday or Sat.am
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