News Now
- SCOTUS allows nationwide health subsidies
- Roberts’ ruling: “Inartful drafting”
- Scalia’s dissent: “Pure applesauce”
- Furious Republicans pledge repeal
- Obama/Democrats celebrate
- State: Clinton didn’t turn over emails
- Charleston funerals begin
- Roof wanted an AR-15
- Confederate flag backlash: Congress
- Iran talks: Crunch weekend
- McCain slams OPM chief
- House clears key trade bill
- “The Watcher” scares NJ family from home
• The U.S. Supreme Court on Thursday rejected a conservative legal challenge that could have doomed President Obama’s healthcare law, upholding nationwide tax subsidies crucial to his signature domestic policy achievement. Some 6.4 million people could have lost their health insurance coverage if the ruling had gone the other way
• Obama strode into the WH Rose Garden after the ruling to declare that Obamacare is working, helping millions of Americans afford health insurance who otherwise would have none, and that it’s “here to stay.” Obama said the law has been “woven into the fabric of America.” The admin says 16.4 million previously uninsured people have gained insurance since the law
• Chief Justice John Roberts, a conservative appointed by President George W. Bush, wrote in the 6-3 ruling that Congress clearly intended for the tax subsidies that help millions of low- and moderate-income people afford private health insurance to be available in all 50 states. Second time in three years that Roberts has helped Obamacare survive
• The court decided that the law didn’t restrict the subsidies to states that establish their own online health insurance exchanges, as the challengers in the case contended. Roberts was joined by fellow conservative Justice Anthony Kennedy and the court’s four liberal members. Justice Antonin Scalia read a scathing 11-minute dissent from the bench
• The question before the justices was whether a four-word phrase in the 2,000-word law saying subsidies are available to those buying insurance on exchanges “established by the state” has been correctly interpreted by the admin to allow subsidies to be available nationwide. Hospital shares soared on the news of the court’s ruling
• “Congress passed the Affordable Care Act to improve health insurance markets not to destroy them,” Chief Justice John Roberts wrote for the majority. “If at all possible, we must interpret the act in a way that is consistent with the former, and avoids the latter.”
• Roberts wrote that the words “established by the state” must be understood as part of a larger statutory plan. “In this instance, the context and structure of the act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.” (conservatives’ heads have exploded over this sentence – see “shocking” video)
• Several portions of the law indicate that consumers can claim tax credits no matter where they live. No member of Congress said at the time that subsidies would be limited, and several states said in a separate brief to the court that they had no inkling they had to set up their own exchanges for their residents to get credits
• Roberts pointed out that the law “contains more than a few examples of inartful drafting,” including three separate sections numbered 1563. (!!) He said the court’s duty was to read the provision at issue in context and with the larger picture in mind
• Vid: President Obama speaks on the ruling in the Rose Garden on Thursday
Scalia’s Dissent: “Pure Applesauce” (Hill, TPM, TRNS, me)
• Justice Antonin Scalia’s summary was laced with notes of incredulity and sarcasm, which sometimes drew amused murmurs in the courtroom as he described the “interpretative somersaults” he said the majority performed. “We really should start calling this law SCOTUS-care,” Scalia said, to laughter from the audience. Roberts smiled slightly
• “Under all the usual rules of interpretation, in short, the Govt should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved,” Scalia wrote in his bitter dissent
• “Today’s interpretation is not merely unnatural; it is unheard of. Who would ever have dreamt that ‘Exchange established by the State’ means ‘Exchange established by the State or the Federal Govt’?” Scalia wrote. “Little short of an express statutory definition could justify adopting this singular reading.”
• Scalia accused the court of performing “somersaults of statutory interpretation” in its “defense of the indefensible.” He called the majority’s argument “interpretive jiggery-pokery.” He described the majority’s logic as “pure applesauce.” (he was epically operatic on Thursday. he was in and of himself a reason for cameras in the court)
• Rep Brian Babin (R-Texas) is introducing a bill, the SCOTUScare Act, that would force the Supreme Court justices and their staff to enroll in Obamacare. “By eliminating their exemption from Obamacare, they will see firsthand what the American people are forced to live with,” he said Thursday (Hill)
• Sen John Cornyn (R-Texas) said Thursday Republicans will “continue to fight tooth and nail to repeal” the Affordable Care Act. Senate Majority Leader Mitch McConnell (R-KY) weighed in, saying that the decision “won’t change Obamacare’s multitude of broken promises.”
• “We will continue our efforts to repeal the law and replace it with patient-centered solutions that meet the needs of seniors, small business owners, and middle-class families,” said Speaker John Boehner (R-Ohio). “There was a lot of talk using reconciliation to deal with Obamacare, I’m sure there probably still is, but my point is there’s been no decision made how to pursue.”
• “After 58 votes to repeal Obamacare in part or in whole, I call on our Republican leadership to use reconciliation to put a full repeal of Obamacare on the president’s desk,” said uber-conservative Rep Tim Huelskamp (R-Kans). Many Republicans on Thursday weren’t sure whether to give in gracefully for now on Obamacare – or keep fighting
• “They
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