The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Volokh Conspiracy

Obamacare or SCOTUScare?

|

Justice Scalia, dissenting in King v. Burwell:

Having transformed two major parts of the law [in NFIB v. Sebelius], the Court today has turned its attention to a third. 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.

So much for all legislative power being vested in Congress…