The arguments being presented before the Supreme Court on Obamacare are revealing what a mess this law has made of our healthcare system. And it’s due in large part to the manner in which is was rammed through.
Last night, Michael Carvin, the lead attorney arguing on behalf of the states who did not set up Obamacare exchanges, appeared on both the Kelly File on Fox News and on the Mark Levin Show on radio. His reasoning was pretty compelling, that the language of the Affordable Care Act clearly states that only individuals who buy insurance from state exchanges can get Obamacare subsidies. But since so many states did not set up exchanges, the IRS altered the law and has allowed subsidies for a federal exchange. Such an exchange was never contemplated in the law. It’s clearly a mess in the language of the law, and both sides admit this–they only disagree on how to fix it. Here’s the video of the Megyn Kelly interview (starting at 38 seconds into this clip):
Unraveling this error in the law gets really messy, and the fundamental error here is tied up in the way it was passed against the will of the American people.
Remember, there were contentious town halls all over the country of citizens objecting to Obamacare and not wanting it passed. There were vociferous complaints about lawmakers not having read the bill. In a special election in ultra-liberal Massachusetts, voters sent Republican Scott Brown to the Senate with the mission to be the 41st vote that would block it from becoming law. But Democrats were determined, and through parliamentary manuevering they rammed it through anyhow.
But by so doing, they introduced some serious problems. Since the bill was drafted in secret without allowing adequate time for public input, it was not fully vetted, causing several errors to be incorporated into the law. This matter of the state exchanges is just one of them. And secondly, once the errors are discovered, the idea of going back to Congress for the fix, which is how it should be done, seems impossible, since the public, ticked off at this law and overwhelmingly opposed to it, has responded by throwing out many of those who initially rammed it through.
The obvious solution, as far as Washington is concerned? The Supreme Court to the rescue. They can come in and say that this is something that clearly needs to be fixed, and since the people’s elected representatives don’t want it fixed the way the masterminds do, they need to step in and say that “state” means “federal” and the mission is accomplished.
All you people who thought we lived in a representative republic, wake up. It’s gone. The very first sentence of the U.S. Constitution couldn’t be more clear: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” But in 2015, we know better and understand that the people are not to be listened to. So the bureaucracy needs to step in and make law, and the courts need to come in and ratify what they do.
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