I’m not going to waste time remarking on the Supreme Court’s King v. Burwell decisions except to say that the left’s rejoicing will end the moment someone uses the gymnastics required to reach that decision to an end they do not either enjoy or embrace.
Besides, Justice Scalia already did the heavy lifting. Anything else would be inferior by comparison. Here’s a taste…(H/T The Federalist)
The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.
I dissent.
Read the entire decision here. I have published Scalia’s dissent on the jump.



