We have seen the Patient Protection and Affordable Care Act, also known as Obamacare, go to the Supreme Court twice in three years. Both time Supreme Court Justice John Roberts rewrote the law, rather than interpret the law. A Supreme Court Justice promises to stand by the Constitution and strict adherence to the law.
In 2012, when the ACA first went to the high court, it was said that the Government could not fine you if you did not buy insurance. The law had a fine in the law for those who did not purchase insurance. In the United States we were never forced to buy anything before. Congress does have the power to Tax. Had the law been written as a tax it probably never would have passed. Justice Roberts conveniently said this is a tax so the law stands. Again he rewrites the law rather than interpret the law. I think he swore under oath not to create ambiguity.
Last month, it was Roberts again rewriting the law. This time the key phrase was in regards the Advanced Premium Tax Credit or subsidy as it is called. The law said subsidies could be granted through exchanges established by the state. It was phrased this way a half a dozen times in the law and it was confirmed on video by architect of the law Jonathan Gruber, who basically said the states would be stupid not to accept the money from the federal government to establish an exchange. If they do not establish and exchange, their citizens will be paying for the law, but not reaping the benefits of the law. Except guess what, the States did not take the bait. Thirty four state did not set up exchanges. So the IRS decided to allow subsidies under the Federal exchanges. This was put into question, and again it was Roberts who said, when the law was written the phrase “established by the state” must mean any exchange federal or state. Again a supreme court justice is not supposed to interpret what he things they meant, their job is to be what it says. If a guy is driving 80 miles an hour in 55 MPH zone can we use the argument they meant to make that zone an 80 MPH zone. Even thought we have seen the sign for 55 six times in the last six miles, it must have meant 80.
The Supreme Court Justices are appointed by the President of the United States, and it is a lifetime appointment. Roberts was appointed by George W Bush. I am not saying they should play party politics or politics at all. They should however, uphold the law. If they had term limits you would see a different action by many of the judges, and if they were elected even different actions. If our Justices are going to start rewriting laws that were already written by elected officials, maybe they need to be elected too.