Guest Post on Obamacare

Has Obamacare become SCOTUScare?

Last week was a devastating week for our Constitution. For the second time, the Supreme Court saved Obamacare by rewriting Obamacare--not by ruling on written law.

The first time the Supreme Court saved Obamacare was its 2012 ruling that Congress COULD NOT constitutionally mandate a penalty on people for not buying health insurance as required by Obamacare. However, the Court noted Congress COULD constitutionally impose a tax.  It then determined the mandated penalty was a tax and not a penalty as the Obama Administration had claimed for years.  President Obama had even insisted it was not a tax when interviewed by George Stephanopoulos on national TV.  This rewriting was judicial legislation by the Court.

Last week, the Supreme Court ruled Obamacare subsidies would be available to uninsured people in all states via a state or Federal government exchange.  The Court ignored Obamacare specified seven times that subsidies would be available only to people buying insurance from “an exchange established by the state.”  The Court claims it ruled on the intent of the law because Obamacare was a poorly written law. Oral descriptions of the intent were ignored.  Specifically, Dr. Jonathan Gruber (MIT Economics Professor and a principal architect on Romneycare and Obamacare) gave numerous taped speeches saying Congress limited the subsidies to “exchanges established by the state” specifically to encourage states to establish exchanges. These speeches are still viewable on YouTube.  This second ruling was also judicial legislation.  In his dissenting opinion, Justice Scalia suggested Obamacare’s name should be changed to SCOTUScare.

On Saturday, an immigrant from Australia wore a black band on his arm to mourn the death of our Republic.  With both the Executive Branch and the Supreme Court now legislating, America’s Constitution indeed may be on its deathbed.  All Americans should be very concerned.