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Chehardy: Court abandons English, rewrites Obamacare law on subsidies
Written by  // Thursday, 25 June 2015 12:57 //

kangaroo-courtIn a ruling that I do not find surprising the U.S. Supreme Court has upheld Obama Care’s subsidies in states that have not set up their own exchanges.

 The court in a 6 -3 decision has made a political ruling not one based on the English language.  Clearly the law passed by Congress says that subsidies are available only in states that have set up their own health care exchanges.  The majority of states have not set up those exchanges yet the IRS has allowed the subsidies to be paid to purchasers in those states.  If the English language ruled the court decision would have gone the other way.  Instead, the court assumed the role of Congress and set out to find a way to legitimize the health care law just as it did in the initial challenge to the law’s constitutionality. 

It appears that the English language is meaningless when political objectives outweigh laws passed by Congress.  Democrats can say they made a mistake in writing the law by not allowing subsidies in states that have not set up a state exchange, but it is not the job of the courts to fix it or to write legislation.  It is the court’s job to interpret the law; and, if the law says it is a dark night outside, the courts should not say the sun is shining brightly because some politicians have changed their minds.  The law is what the law says it is and mistakes by politicians who did not read the law they were voting on is their fault to be fixed by them and not by the courts.

Thursday, 25 June 2015 12:40

chehardyJindal running for President – It was the worst kept secret in Louisiana politics that Governor Jindal would seek the Republican nomination for President of the United States.  Jindal made his announcement yesterday before a small crowd in Kenner. 

 
 

 

Lawrence Chehardy

For thirty-four years Lawrence Chehardy served as Assessor of Jefferson Parish. He has been the leading authority on Louisiana’s property tax laws. In addition to his political commentary and public speaking engagements, Lawrence Chehardy is a founding member of the Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes Law Firm and serves as its managing partner.

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