So the Supreme Court has upheld the subsidies and taxes under Obamacare in states that did not establish exchanges, despite the text of the law requiring that those subsidies and taxes apply to states that established exchanges. This is not very surprising. We have not been publishing or writing much about the King v. Burwell because I was confident – I thought it was a 1 in 5 shot, and I believe Michael Cannon thought the same – that SCOTUS would uphold the law no matter the facts of the case. In the short run conservatives may feel depressed about today’s ruling. But in the long run I actually think this is probably a huge win for the anti-establishment faction of the party.
Why? Because this SCOTUScare ruling presents an accurate reflection of the reality in Washington: that American politics no longer has real checks and balances. The rules no longer apply. Words mean whatever we say they mean at the time that we say them, neither more nor less. Welcome to the Cartman presidency, where the executive does whatever he wants, up to and including making IRS bureaucrats decide a multi-billion dollar issue. Think the text means exactly what it says? Judicial fiat says lol, jk.