Judge Andrew Napolitano appeared on Fox News recently to speak about the Supreme Court ruling regarding the Affordable Care Act. Napolitano accused Chief Justice John Roberts of resorting to “bizarre and odd contortions in order to save this statute twice.”
Napolitano, speaking as a Fox News Senior Judicial Analyst, says that he’s not surprised by the Court’s decision, but by “the way the chief justice got there.” He explained to news anchor Bill Hemmer: “My immediate reaction is that the chief justice has yet again resorted to a nearly unheard of construction in order to save the statute.”
Looking back at the last ruling regarding the Affordable Care Act, Napolitano pointed out that both the Government and challengers agreed it was not a tax. Justice Roberts decided that it was a tax and that’s how it was saved.
Npolitano fails to see how the words ‘established by the states’ leave any room for interpretation, but Justice Roberts says this phrase is ‘ambiguous’ and that the Court could correct that ambiguity based on what they believe the drafters intended.
Justice Roberts, along with five of his companions, ruled in favor of keeping Obamacare subsidies as they are now; in other words, available to anyone who purchased insurance through the federal health exchange. Was Roberts afraid of what might happen if his ruling took money away from millions of Americans? Probably.”
Napolitano believes the main reason the Court saved the statute was to preserve their reputation. His theory is based on Justice Antonin Scalia’s stinging dissent, which included the comment: “Today’s interpretation is not merely unnatural; it is unheard of.” Scalia also stated: “Under all the usual rules of interpretation…the Government should lose this case.”
The ruling may represent a major victory for the Obama Administration’s views, but not necessarily for the President himself. The decision is a startlingly clear example of the fact that today’s Supreme Court does not regard all laws as equal and will do whatever it takes to save its favorites.