Supreme Court Fails To Throw Back Undersize Herring

i refer not to this week’s case about actual undersized fish, but to the latest unripe challenge to the Affordable Care Act. Of course there was some ambiguity in one sentence of a subsection regarding the meaning of “the state” but the choice to take this case even before lower courts had ruled is a sign that at least four justices are outright political hacks lacking the least little bit of judicial modesty. This attack on Obamacare is even more unmoored from deference to the democratic decisionmaking process than were the 2012 case or the Hobby Lobby “religious liberty” ruling. The clear intent of the Affordable Care Act was to provide a mechanism for subsidies. True conservatism would be to overcome the law through further legislation, or else sit quietly without complaining. But we have some unruly and turbulent Supreme Court justices who seem unwilling to abide their role in a democratic republic.


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