Scalia, conservatives: SCOTUS can’t save us from Obamacare now

As the Supreme Court upheld Obamacare on Thursday, dissenting Justice Antonin Scalia suggested that the court had so far overstepped his bounds that the law should be renamed “SCOTUScare.”

Scalia, along with fellow dissenting Justices Clarence Thomas and Samuel Alito, skewered the court’s majority decision argued that the court has effectively undermined basic language and “honest jurisprudence.”

“Under all the usual rules of interpretation, in short, the Government should lose this case,” Scalia said. “But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.”

The court’s interpretation of the law, Scalia contends, “means nullifying the term ‘by the State’ not just once, but again and again.”

“The Court’s next bit of interpretive jiggery-pokery involves other parts of the Act that purportedly presuppose the availability of tax credits on both federal and state Exchanges,” Scalia wrote.

“Pure applesauce. Imagine that a university sends around a bulletin reminding every professor to take the ‘interests of graduate students’ into account when setting office hours, but that some professors teach only undergraduates,” Scalia later continued. “Would anybody reason that the bulletin implicitly presupposes that every professor has ‘graduate students,’ so that ‘graduate students’ must really mean ‘graduate or undergraduate students’? Surely not.”

According to the conservative justice, the court’s Obamacare decision is indicative of the Supreme Court’s undermining public will, which the Constitution intended to be carried out by elected members of Congress.

“The Court’s decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery,” he wrote. “That philosophy ignores the American people’s decision to give Congress ‘[a]ll legislative Powers’ enumerated in the Constitution.”

Obamacare opponents have taken a similar view, urging conservative activists to dismantle the law after the court illustrated that it won’t.

“The Republican Party — the party of full repeal — must make the case to every American that they will repeal the law come 2017 and replace it with a plan that drives down the cost of health insurance for all Americans,” Heritage Action CEO Michael Needham said, noting that Americans can’t rely on the Supreme Court to “save us from the law.”

Club for Growth President David McIntosh called the ruling a “crushing blow to average Americans,” which has validated a wealth distribution scheme “that will continue to drive up the price of coverage, pushing it toward unaffordability for working Americans.”

“The American people believe both subsidies and mandates are wrong, so it’s now up to Congress to use reconciliation to repeal Obamacare, and Congress should continue to do so until there is a president who is willing to sign that repeal,” he said.

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