Shikha Dalmia on Why the Supreme Court Shouldn't Bail Out Obamacare Yet Again

|

The Supreme Court once again faces the unenviable task of deciding Obamacare's fate. It heard oral arguments on

Obamcare
rtcosmin / Foter / CC BY-NC-SA

the legality of IRS's decision to hand subsidies through federal exchanges last week. Plaintiffs claim that the law authorizes these subsidies only through state, not federal, exchanges. Supporters argue this would make the law unworkable, hardly something that Congress could have intended.

Beyond the statutory arguments, Reason Foundation Senior Analyst Shikha Dalmia notes that the two sides are also making federalism claims. But instead of trying to sort out who has the better statutory/constitutional argument, the Supremes should opt for the course that requires the least amount of meddling, even if that threatens the law as written.

Advertisement