Thursday, June 25, 2015

King v. Burwell Decision -- the Anticonstitutional Consequences of John Roberts's Doctrine | National Review Online

King v. Burwell Decision -- the Anticonstitutional Consequences of John Roberts's Doctrine | National Review Online: "onservatives are dismayed about the Supreme Court’s complicity in rewriting the Affordable Care Act — its ratification of the IRS’s disregard of the statute’s plain and purposeful language. But they have contributed to this outcome. Their decades of populist praise of judicial deference to the political branches has borne this sour fruit."



'via Blog this'



Will could not have it more backwards. Deference to political branches in this case would have meant applying the law the way the political branches wrote it.  Deference means interpreting "an exchange established by the state" to mean "an exchange established by the state" instead of meaning "an exchange, regardless of who establishes it."



Even Will admits the Supreme Court rewrote the law. Rewriting the law is not deference.