While SCOTUS ruminates Burwell, while the governors await word of the fates of their budgets based on how SCOTUS holds, and while Left and Right harangue one another over subsidies, death spirals, what someone meant, who can and can’t afford what, and while we all argue over what was left on the edit floor by those who wrote this damned law, it seems everyone is missing the only salient point of Burwell.
Either Americans still live under the Rule of Law – or we do not.
All else in this discussion is tangential.
I really couldn’t care less what happens to the law if SCOTUS rules for the States, nor should SCOTUS. It is the job of SCOTUS to interpret the law, and that is all.
This law is plain and simple. Nothing about giving tax credits to Americans only “through an exchange established by the state,” is ambiguous. Nothing in that phrase requires interpretation: “by the state” is as plain and clear as it can be. The politics of it are bad for the party that rammed it down our throats through lies, misrepresentations and Congressional voting scams. But the wording of the law is as clear as a bell.
And I don’t give a damn about what happens to the medical insurance of individuals if the law is gutted; Congress ought to have considered that when passing it before they found out what was in it. If Congress turns in a bad paper, why should SCOTUS change a “F” to an “A” just because they want him to? Go re-write the dammed thing if you want it so badly.
The health of any – of all – of us is of less import to the future of liberty than is this ruling.
Because the ruling on this case is far bigger than any of us, bigger than anything else SCOTUS has ever decided.
However SCOTUS holds on Burwell will decide, perhaps forever, what America is.
And what it is not.
America was founded as a nation under the Rule of Law. We were the only nation in the world not under the Rule of Man – and that was the entire point of America. We became the most successful nation in history because of that one simple principle: Law counts, not man.
That – the Rule of Law – is the exceptionalism that the Left hates, that Obama rejects.
America is not a geography. We are the last best hope of freedom and liberty – whether or not the Left and Obama like it.
We are free because we are a NATION OF LAWS.
The law is clear: Subsidies can be paid only to people who signed up under state exchanges.
The action of the Feds has been clear: Ignore the law, “re-interpret” it to do whatever one man wants done.
SCOTUS has one possible Constitutional holding here: The law means what it says.
SCOTUS must hold: “If you don’t like what you wrote, Congress, go fix it. But don’t ask us to rewrite your laws or to rescue you when your gamble on state coercion fails.”
If SCOTUS either changes the law or holds for the government, America is over. Plain and simple. No hyperbole. The Rule of law is done. And we live under the Rule of Man.
All laws will become whatever any President says they are.
That is not America. That is not the Constitution that these Justices – and all Congresspersons and the president – have sworn to uphold.
If the law is meaningless, if no one can know what it means from its text, then We the People need no longer obey it. In fact, we’d be fools to obey any law, for if a law is not what it plainly says, we cannot know what any law means.
If SCOTUS rules against the States, for the Feds and against the Rule of Law, it finally will be time to stop pretending our government works, to end the fantasy that our government belongs to us, that these men and women are our representatives, elected by us to represent our interests.
It will be time to put the 2nd Amendment into action. It will be time to save our Republic.
It WILL be time to rebel.
I will not live under the Rule of Man.
Rather than leave liberty to my children I will not leave my children to a dictatorship, for dictatorship is what the Rule of Man… is.
They mean something to me, and to millions of other Americans.
They sure as Hell had better mean something to SCOTUS.
Because Yes, I would rather die on my feet than live on my knees.
If SCOTUS holds for the Federal Government, we will have allowed our government to overturn Lincoln: “… that government of the people, by the people, for the people, shall not [have] perish[ed] from the earth.”
No longer will it be our government.
We will be its subjects.
And it will be time to rise up against it.