So, Obamacare lives to see another day. And the world turns relentlessly, this time for the better. John Roberts wrote for the majority: “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.”
Clarity. Sanity. Divination, some would say.
I have been having a spirited argument with a reader about literalism in law. He is probably agitated by this decision, as the Supreme Court ruled in favor of intent and not the exact wording of the law. He made some very good points that I will carry with me whenever I think about the Constitution and jurisprudence. I am still in favor of penumbras and rights given but not enumerated, however. Given today’s terrible gridlock in Congress, it is unlikely that there will be any change in the Constitution to deal with today’s Big Questions. Therefore, the force of law devolves unto the Court. It may not be ideal, but it’s what we have.
The House will not let well enough alone. They’re suing the executive for altering parts of the law to adjust for small businesses to prepare for the law, and for appropriating funds for Obamacare that have not been authorized by Congress. There’s a fuckload of other challenges too. I see that these challenges will probably not be heard by the Court. And there’s still the possibility of reconciliation to force a majority vote on repeal. Fortunately, Obama can veto that happy shit posthaste.
Today we celebrate a win for the little guy. And we keep our fingers crossed until tomorrow. Or maybe a few days after that. Fucking drama, is what this is.