At oral argument, Justice Alito asked the attorney for the government, Solicitor General Verrilli,"Well, the puzzle that's created by -- by your interpretation is this: If Congress did not want the phrase 'established by the State' to mean what that would normally be taken to mean, why did they use that language? Why didn't they use other formulations that appear elsewhere in the Act?"
Justice Alito did not ask the attorney for the challengers, Michael Carvin,
"If Congress wanted to limit tax subsidies to individuals in state-run Exchanges, why didn’t Congress use the words 'only if' before 'established by the State'? Why didn't Congress plainly state in the Act that tax subsidies are prohibited to individuals enrolled in health plans through federally-operated Exchanges? Why did Congress entitle Title I of the Act, 'QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS'? Why would a Democratic Congress bent on making healthcare affordable, for ALL Americans, authorize unaffordable, federal Exchanges, knowing full well of the Republican party's strong opposition to the healthcare act?"
The motto of the U.S. Supreme Court is “Equal Justice under Law.” If the Court is going to stay true to its motto, the Court cannot ignore some parts of the Affordable Care Act in order to give greater effect to other parts of the Act. Nor can the Court be willing to read more into what was and wasn't said in one part of the Act than what was and wasn't said in other parts of the Act.
Justice is doing what is fair and right, categorically, as the Court’s motto implies. This means all of the pieces of the puzzle must be on the table so that, when they're assembled together, a complete and accurate picture materializes.
At his Senate confirmation hearing, Chief Justice Roberts famously said, "My job is to call balls and strikes and not to pitch or bat." In my view, the challengers' argument has three strikes against it. Will Alito, Roberts et al, act as umpires and call strikes when they see them?
Maurice F. Baggiano, Esq., amicus in support of the government. President, lawOnTapp, LLC.
If you like this comment, pass it on . . .