The Supreme Court Case of the Year (National Radio Commentary / Salem-Townhall.com) March 5, 2015

This week the U.S. Supreme Court heard arguments in its most important case of the year:  King v. Burwell.

In some ways, it’s a simple case:  did Congress mean what it said when it provided for subsidies for low-income individuals in states that establish healthcare exchanges?  Since two-third of states have chosen not to create exchanges, the Obama administration has decided state exchange includes the federal exchange. So the Supreme Court is asked to fix what’s presented now as a “glitch” or “drafting error” in the bill.

All courts are bound to the plain meaning interpretation of laws—that words take on their ordinary meaning unless the law provides a specialized meaning. So: state means state.

But if millions lose their subsidies over this, perhaps the Court becomes nervous and decides to rewrite the law.  Maybe they fear a divided Congress won’t be able to fix it.

But the Court should do its proper job, the Congress should fix its own mistakes—and the administration should live with the consequences.

Link to Salem-Townhall.com audio:  http://townhall.com/talkradio/dailycommentary/699414