American Elephants


Call it ScotusCare! The Supreme Court Does Legislating From the Bench. by The Elephant's Child

The Supreme Court announced their decision in King v, Burwell. Conservatives are dismayed at the Court’s complicity in rewriting the Affordable Care Act. President Obama has been threatening the court for days attempting to cow the Supremes. What influence his threats had is not known, but hopefully is is none. Nevertheless, Chief Justice Roberts bypassed the separation of powers, and decided to help the Democrats out by assuming that the law didn’t mean what it said, and he would fix it by rewriting it. Essentially what he did the last time around. Rewriting the words of Congress to mean what they would have to say to make the law work — is making law.  The Supreme Court is supposed to decide whether the words as written are Constitutional, that’s the judicial function. Justice Antonin Scalia, dissenting, called it “somersaults of statutory interpretation” but it is legislating, not judging.

Holman Jenkins got it right:

By one standard no government program can fail, and that’s the standard being applied to ObamaCare by its supporters: If a program exists and delivers benefits, the program is working.

The polls do show that 74% of ObamaCare’s eight million enrollees are satisfied with their plans, because 87% of them are getting taxpayer subsidies that amount to an annual $3,312 per recipient, which is a pretty good deal for the recipients, not so much for the taxpayers. Oddly enough, those who are basically in good health, but just need flu shots or treatment for some minor deal, a broken arm, a sore throat are pretty pleased with their health care.Taxpayers who find that their premiums are going up 20% – 30%. or who find out their deductible has gone up to $6,000 aren’t so happy, because they are paying their premiums and their full medical bills besides. Jenkins again:

The right question about any program is whether the benefits justify the expenditure of taxpayer money. ObamaCare’s cheerleaders provide not cost-benefit analysis but benefit analysis—as if money grows on trees or is donated by Martians or can be printed in limitless quantities by the Fed. …

In the meantime, however, no worthwhile thoughts about ObamaCare, pro or con, are to be heard from people who count a program as a success just because Americans enjoy receiving benefits at the expense of other Americans.


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