By Bob Bennett
Today, the American people witnessed the utter failure of the Judicial Branch of government to restrain a lawless president from imposing his will on the Nation. This follows the utter failure of the Congress to stop him, as they promised; instead they funded ObamaCare.
The law said refundable tax credits would be available to Americans who bought health insurance via “an exchange established through the State.” Thirty-four states refused to set up exchanges. Yet the IRS gave subsidies in those states anyway. Simple. But SCOTUS just couldn’t strike Obama’s pet program down.
Of “Chief Justice” Roberts: he should be run out of town. This is the second time he rewrote the Affordable Care Act to save it from its well-deserved fate of being struck down. Just why he did it is a matter for conjecture: Is he trying to make ObamaCare part of his legacy, as Obama has done? If so, it will be a poor legacy indeed, for the future of this despised law’s effect on the Nation will be even darker than its past.
Was the patent weakness of the Legislative Branch so pronounced, so frequently encroached upon by the president that Roberts wanted to do some encroaching of his own?
Or was he so besotted with the manufactured image of Barack Obama that he just had to give him what he wants? Perhaps: McConnell and Boehner seem to suffer from the same ailment.
Or maybe he was—like in 2012—intimidated by the president’s unseemly statement, clearly meant to influence the court: “There is no reason why the existing exchanges should be overturned by a court case.” Whatever that means.
Was Roberts perhaps in dread of the Race Card, which would surely be laid upon his fevered brow, should SCOTUS strike down the law? Or maybe he feared Obama would just throw his butt in jail, like Hugo Chavez did to a female judge whose decision he didn’t like. That kind of thing is clearly on the horizon.
Take your pick. But Roberts has shown he’s completely unqualified for the position he holds, as is Kennedy, who ruled with him. We expect illogic from the liberal wing.
When the High Court is concerned about a law’s effect upon people—rather than the Law, when it’s incapable of reading simple legal language, and ruling, then SCOTUS has outlived its usefulness. We now have only one branch of government.
Justice Scalia’s dissent rings with the bell-like clarity of truth:
“Perhaps sensing the dismal failure of its efforts to show that ‘established by the State’ means ‘established by the State or the Federal Government,’ the Court tries to palm off the pertinent statutory phrase as ‘inartful drafting.’ … This Court, however, has no free-floating power ‘to rescue Congress from its drafting errors.’
“Let us not forget that the term ‘Exchange established by the State’ appears twice in §36B and five more times in other parts of the Act that mention tax credits. What are the odds, do you think, that the same slip of the pen occurred in seven separate places?
“They [the American people] made Congress, not this Court, responsible for both making laws and mending them. This Court holds only the judicial power—the power to pronounce the law as Congress has enacted it. We lack the prerogative to repair laws that do not work out in practice…
“The Court asserts that its decision merely ensures that the Affordable Care Act operates the way Congress meant [it] to operate….Our only evidence of what Congress meant comes from the terms of the law, and those terms show beyond all question that tax credits are available only on state Exchanges.
“Just ponder the significance of the Court’s decision to take matters into its own hands. The Court’s revision of the law authorizes the Internal Revenue Service to spend tens of billions of dollars every year in tax credits on federal Exchanges. It affects the price of insurance for millions of Americans.
“The Act that Congress passed makes tax credits available only on an ‘Exchange established by the State.’ This Court, however, concludes that this limitation would prevent the rest of the Act from working as well as hoped. So it rewrites the law to make tax credits available everywhere. We should start calling this law SCOTUScare.
“This Court’s two decisions on the Act will surely be remembered through the years…. and the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.
For this transgression of the High Court, the American people will drink bitter waters, for as I reported previously, Harry Reid confessed that the intent is to proceed on to single payer.
As premiums and deductibles soar, Obama and his henchmen in Congress will hear the cries of the people who can’t afford their insurance and have the government simply pay for everything.
On March 4, 2014, Senator Marco Rubio warned that Democrats will use ObamaCare’s calamitous effects to call for a single-payer system. Breitbart.com reports:
“’I believe single payer is always the goal that they wanted. In fact, I think Obamacare was designed to eventually lead us to that point. What I think you’re going to see now is as Obamacare begins to fail….I think you’re going to find the left increasingly saying that Obamacare’s failure proves we need a single payer system, so I’m not surprised by it at all,’ he added.”
The hallmark of single payer is restricting access to care; that’s the only way to quell the enormous costs. That’s done, where single payer is in force, by denying care to the oldest and the sickest.
Fellow Americans, our government has failed us: we have a budding dictator for a president—not even a benevolent one, but a malevolent one—and the other two branches of our government are too afraid to stop him.
Emerson famously said: “God will not have his work made manifest by cowards.” If you would not live under a godless system that measures human life by cost, you will get one chance—at the Republican primary. Do not fear to vote for true conservatives, who have shown their commitment to defeating ObamaCare.
Bob Bennett is a New York-based writer who has written op-eds for the Wall Street Journal and the NY Post, and has appeared on Fox and Friends and America’s Newsroom. He has traveled widely and written travel pieces for the NY Post, a cover article for the Jewish Press, and an op-ed for the medical journal Cancer Biotherapy & Radioimmunotherapy. Bob was also award-winning producer of a travel radio show heard on New York stations: WMCA, WNWK and 50,000 watt WOR and the national Sky Angel Network. He now blogs on Tea Party Nation, Tea Party Community and Red State Diaries.