Thursday, June 25, 2015

King v Burwell Affirmed

In a democracy, the power to make the law rests with those chosen by the people.  Our role is more confined -- "to say what the law is." Marbury v. Madison, 1 Cranch 137, 177 (1803).  That is easier in some cases than in others.  But in every case we must respect the role of the Legislature, and take care not to undo what it has done.  A fair reading of legislation demands a fair understanding of the legislative plan.

Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.  If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter. Section 36B can fairly be read consistent with what we see as Congress's plan, and that is the reading we adopt.

The judgment of the United States Court of Appeals for the Fourth Circuit is Affirmed.

-- US Supreme Court Chief Justice John Roberts, writing for the 6-3 majority in KING v. Burwell, endorsing premium subsidies for Obamacare buyers in all markets, 25 June 2015

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