I’ve mentioned recently that, due to some pleasant surprises from the Supreme Court, I have allowed my cynicism about the Supreme Court to fade a bit. After today it has returned.
Yesterday began, as you probably know, with a wonderful ruling in which a DC Circiut Court ruled that the subsidies for Obamacare were illegal in many states. The issue is that the law actually mandates that only those who go through state exchanges are eligible for subsidies. The Democrats insist that they meant to include the people who used the Federal exchange, but that is not what the law says.
I loved the ruling but a couple of things bothered me:
- Once again we are going to the Supreme Court, and we know how well that worked the last time!
- The White House did not seem to care that much.
As CNN reported:
At the White House, spokesman Josh Earnest expressed confidence in the administration’s legal position, saying Congress clearly intended for all Americans to have access to tax credits if needed so they could afford health insurance.
I remember wondering how he could be so confident. After all, no matter what he thought about Congress’ intention, the court has disagreed with the White House.
It didn’t take long for the White House’s optimism to be vindicated. The very same day another court, the Fourth Circuit Court in Virginia ruled that Obamacare was perfectly legal because the IRS’ understanding of the law was what mattered.
I am not making any allegations here. I am just observing that it seemed strange to me how this all played out. What did you think? Did it seem strange to you that we got both rulings on the same day?
In any case, we will have to wait and see how it was resolved. It was noteworthy that the court decisions were split down party lines:
Both judges in the majority of the 2-1 D.C. Circuit ruling were appointed by Republican presidents, while all three in the unanimous 4th Circuit panel were appointed by Democratic presidents.
So sometimes those appointments really make the difference.
My main lesson from all this is that we really need to recapture the Senate in November, and then make sure Democrats are defeated in 2016, hopefully with a tea party President. Despite the good news from the Supreme Court recently, I don’t want to rely on those judges to do the right thing. We need to be constantly working on other ways to destroy Obamacare.
And we need to work hard.