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Moops, He Did It Again

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A major and surprisingly unequivocal victory. Roberts and Kennedy aren’t heroes for rejecting what should have been laughed out of court, but in the political universe we do live in I give then due credit. And unlike Roberts’s Sebelius opinion there are no arbitrary bones thrown to the challengers or federalism nonsense, just the lucid opinion carefully explaining that the statute means what everyone involved always thought it meant.

The protesting-too-much purple prose in Scalia’s dissent has been well picked-over, but I do want to highlight his continuing daydream believing about Republican legislators:

As he did at oral argument, Scalia also showed himself as embarrassingly out of touch with American politics circa 2015. “The Court predicts that making tax credits unavailable in States that do not set up their own Exchanges would cause disastrous economic consequences there,” wrote Scalia. “If that is so, however, wouldn’t one expect States to react by setting up their own Exchanges?” Apparently, Scalia intends this question to be rhetorical; but the actual answer is Of course we would not. We’ve already seen more than 20 Republican-governed states turn down large amounts of free federal money that could be used to expand Medicaid, inflicting significant human as well as economic costs on their states. The idea that these states would act to cooperate – or simply in the best interests of their citizens – this time is absurd. And whatever Scalia thinks, Congress didn’t think they would, either, and established a federal backstop exactly for that contingency.

cool-story-bro1-300x240

As Greg Sargent said earlier today, I think that the work that he and other journalists and scholars — a non-exhaustive list would also include Nick Bagley, Abbe Gluck, Jon Cohn, Stephen Brill, Michael Hiltzik, and Eric Segall — was very important, particularly given that at least Kennedy probably changed his mind after the cert vote. A strict “card says Moops!” argument was always going to be a tough sell for Roberts and Kennedy, which is why Adler and Cannon invented their ridiculous theories about congressional intent in the first place. The relentless accumulation of evidence that Congress absolutely did not intend to establish a federal backstop that didn’t work…certainly didn’t hurt. Optimism of the will.

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  • Rob in CT

    I really doubt Scalia thought any such thing. I think he was just bullshitting.

    • Becker

      No, I really believe it’s possible for him to be this clueless about how the political process works. He hates the law of course, and is as much a sadist as the rest of the party, but . . . I’m starting to talk myself out of my point. Thankfully, it doesn’t matter anymore.

      • Richard Hershberger

        Wasn’t he the one who claimed that a cross in a memorial is not a Christian symbol, just a generic memorial symbol? It doesn’t really matter whether he is really that clueless or is willing to openly lie.

        • bernard

          I think so. He also doesn’t think creationism is a religious doctrine.

          Thus the conservative “genius.”

        • Lenny Griffin

          Banning crosses fron national cemeteries is no different than spitting on the graves of men who gave their lives for this country.

          • Malaclypse

            Your Commie has no regard for human life, not even his own. And for this reason, men, I want to impress upon you the need for extreme watchfulness. The enemy may come individually, or he may come in strength. He may even come in the uniform of our own troops. But however he comes, we must stop him. We must not allow him to gain entrance to this base. Now, I’m going to give you THREE SIMPLE rules: First, trust NO one, whatever his uniform or rank, unless he is known to you personally; Second, anyone or anything that approaches within 200 yards of the perimeter is to be FIRED UPON; Third, if in doubt, shoot first then ask questions afterward. I would sooner accept a few casualties through accidents rather losing the entire base and its personnel through carelessness. Any variation of these rules must come from me personally. Any variation on these rules must come from me personally. Now, men, in conclusion, I would like to say that, in the two years it has been my privilege to be your commanding officer, I have always expected the best from you, and you have never given me anything less than that. Today, the nation is counting on us. We’re not going to let them down. Good luck to you all.

          • sharculese

            Do you even know what you’re mad about anymore? Are you just looking for things to work you up because anything is better than the empty vistas of your consciousness?

            • Lee Rudolph

              The worst part is, vast though the empty vistas be, very few ideas have ever been entertained in them.

              • sharculese

                I imagine there’s just a constant, whispering wind, and then every so often something bright and hideously loud shrieks across the horizon and then disappears.

                • Malaclypse

                  I picture Jennie’s mind as a big, overcompensating Dodge pickup, rolling coal whenever he sees a Prius, and he sees Priuses everywhere.

                • BigHank53

                  As I was finishing, I heard a crashing noise. A horned and tusked purple thing went racing along the ridge to my right pursued by a hairless orange-skinned creature with long claws and a forked tail. Both were wailing in different keys. I nodded. It was just one damned thing after another.

                • sharculese

                  I did not read that as ‘Priuses’ initially, and that sentence still made sense, if you catch my drift.

                • Hogan

                  Except in his dreams, which look like this.

                • mds

                  It was just one damned thing after another.

                  You’ve committed passages from Trumps of Doom to memory? Jeez, BigHank53, I’d mock your nerdery if I, uh, hadn’t recognized the quotation. So never mind.

              • Scattered ruins same grey as the sand ash grey true refuge. Four square all light sheer white blank planes all gone from mind. Never was but grey air timeless no sound figment the passing light. No sound no stir ash grey sky mirrored earth mirrored sky. Never but this changelessness dream the passing hour.
                He will curse God again as in the blessed days face to the open sky the passing deluge. Little body grey face features slit and little holes two pale blue. Blank mind.

          • dr. fancypants

            Lenny is a Poe, right? Right?

            • NonyNony

              Pretty sure it’s Jennie. If s/he were a Poe he wouldn’t have felt the need to nymjack downthread.

              Also the racist bullshit.

    • MAJeff

      Both/and. He’s a ridiculous bullshitter.

    • ASV

      Scalia’s dissent is essentially indistinguishable from a RedState diary, which places it at the singularity where bullshitting and sincere dumb-dumbery meet.

      • Oh, Wait, No, That’s Just Me

        Most Italians are stupid.

        • MAJeff

          Polacks are worse.

        • ColBatGuano

          I call bullshit.

        • dp

          The two things I can’t stand are disrespect of other peoples’ cultures, and the Dutch.

    • Utter Dumbshit

      Why shouldn’t allow Guidos one the court.

      • MAJeff

        No crackers either.

      • Malaclypse

        I occupy so much space in your feeble little mind, all rent-free.

        • I just love that he can’t avoid the typos even when trying to impersonate someone who is literate. This suggests a genuine deficiency, not just laziness.

        • Ahuitzotl

          we all pay for that :p

  • Lenny Griffin

    Congratulations liberals you’ve destroyed the rule of law in America. Nothing now prevents this country from turning into a dictatorship. When Americans are being turned in lamp shades you’ll have blood on your hands.

    • MAJeff

      Moopshades!

      • Lenny Griffin

        Obama is already ignoring Congress by issuing Anti-Semitic passports before all Jews are loaded onto rail cars.

        • DrS

          Our rail infrastructure isn’t actually up to snuff for this.

          Thank babby Jesus that the GOP killed those projects!

        • Hogan

          My passport just says “kill whitey.” How do I get the anti-Semitic one?

        • sharculese

          But isn’t that the kind of thing you get off on?

        • bernard

          Gee. There are some guys in leather overcoats on the porch. Sure wish I had a gun to fight them off.

        • Tucker Carlson’s Bow Tie

          It can’t happen soon enough, I hate Kikes.

          • ColBatGuano

            Jennie, watching your impotent temper tantrums is making my whole day. Thanks!

          • A Troll Who Is Not Malaclypse (But May Be Nino Scalia)

            Me neither I hope Israel is destroyed soon.

            • Malaclypse

              I drink your milkshake, Jennie.

        • Manny Kant

          Does anyone know if this actually refers to anything in the real world?

          • Lee Rudolph

            I think the objective correlative is the ruling from a few weeks back “struck down part of a federal statute Monday that allowed Americans born in Jerusalem to record in their passport ‘Israel’ as the place of birth” (quoting a CNN report that was the first hit I got when trying to find the date—I had thought it was just a week ago; how time flies).

            • matt w

              The case concerned a 2002 law that instructed the State Department to “record the place of birth as Israel” in the passports of American children born in Jerusalem if their parents requested the designation….

              The case, Zivotofsky v. Kerry, No. 13-628, was brought by the parents of Menachem B. Zivotofsky, who was born not long after Congress enacted the law. Under the State Department’s policies, their son’s passport says that he was born in Jerusalem.

              They sought to have the passport say Israel in order to express pride in his birth there, they said. President George W. Bush signed the law, part of an appropriations bill, but said he would not follow the Jerusalem provision because it “impermissibly interferes with the president’s constitutional authority to conduct the nation’s foreign affairs.”

              NYT.

              So, it’s not just that Obama was following the same policy as the Bush Admin, but the case was actually brought against the Bush Administration with respect to a law that had been passed by a half-Democratic Congress.

              Even more fail than I expected from Jennie.

          • Malaclypse

            Obama’s State Department, like Bush’s before him, lists people born in Jerusalem as being born in Jerusalem, rather than Israel, on passports.

    • Rob in CT

      Poe’s law remains harsh, but fair.

    • Scott Mc

      I don’t have that many lamps with shades. Could we turn Americans into something else? Pancakes?

      • Lee Rudolph

        Drumheads.

        • MAJeff

          This had me wishing I could find a recording of Marilyn Horne singing Ta-Ra-Ra Boom-De-Ya while pounding on a bass drum (prairie home companion like 20 years ago)

        • DrS

          This makes bongo circles even more sinister

      • BigHank53

        Could we turn Americans into something else?

        Well, we seem to be getting fat enough that the soap thing might become practical.

    • D.N. Nation

      Newest comment on the Roberts butthurt thread on RedState says this country now requires a conservative dictator. Poe’s Law, indeed.

      • DrS

        They’re so cute when they go full fascist

        • Malaclypse

          DrS doesn’t want to fuck you jenny.

          • Hogan

            When you’re losing the argument, nymjack. It’s the JenBob way.

          • DrS

            Hey, let’s not get hasty here. Who knows what sort of demented perversion I might want to get up to?

            • jim, some guy in iowa

              I hope that, in this case, a hazmat suit would be involved

              • Shakezula

                Shouldn’t that be two HAZMAT suits?

    • Malaclypse

      When Americans are being turned in lamp shades

      Won’t even need lampshades once we pry the incandescent bulbs from your cold, dead hands.

      • Richard Hershberger

        That’s why they want incandescent bulbs: the waste heat keeps their hands warm.

    • Hogan

      Preach it, brother.

      I am shocked and appalled and shocked at how few of my fellow citizens realize that Hitler, Stalin, Mao, Pol Pot, and Nebuchadnezzar all came to power as the result of statutory interpretation decisions by majority-conservative national courts. Common Core history standards, you have blood on your hands. Your hideous, metaphorical hands.

      • That’s some agenda, that Agenda 21.

      • DAS

        I find your ideas intriguing and would like to subscribe to your newsletter.

        • Ahuitzotl

          Beware, the quotes from Nebuchadnezzar, Hammurabi, and Ashur-nasir-pal come in the original clay tablets, so postage is hell

    • DrDick

      The dictatorship of the proletariat is coming, comrade!

    • Davis X. Machina

      It’s not in the headnote, so you might have missed it, but it’s right there, in the decision itself — the part about liquidating the kulaks.

      A forgivable oversight.

      • Schadenboner

        Well what do you expect? Gotta clear the shelves for fall back-to-school shopping…

    • Four Krustys

      Bring your own lampshade, somewhere there’s a Party

  • sleepyirv

    What I got from the opinion is that Roberts does not want to entertain any new ACA challenges as long as he’s on the bench.

  • bobbo1

    I’m pretty sure it was Obama’s bullying that did the trick

    • Lenny Griffin

      You hit the nail on the head; Obama has destroyed the independent judicial branch.

      • MAJeff

        Pour another glass of whine. It’s delicious.

        • Lenny Griffin

          What makes you think you’re safe communists often purge each other. You won’t be laughing when you’re in the gulag.

          • MAJeff

            Have a saltine and wipe your tears on a confederate rag.

            • Lenny Griffin

              The communists don’t like yo either once they gain control you and the other usfull idoits will be purged.

              • Hogan

                There there. There there. Now blow your nose.

              • sharculese

                He’s so mad he can’t even type right. Omigod this is the best.

                • Lenny Griffin

                  Typos don’t matter, just ask the 6 marxists on the Supreme Court.

                • sharculese

                  I don’t think the ACA was written during a temper tantrum, Jenny!

                • sharculese

                  I don’t think the ACA was written during a temper tantrum, Jenny!

                • Tirxu

                  Is that a typo, now? I thought it was the will of winner of All-star Eastern Conference starter, Premier of All the Americas, five-time winner of Witch Weekly’s Most Charming Smile Award Jonhatan Gruber.

          • DrS

            communists often purge each other

            Glad to see you’re jumping on board with the concept of ‘consent’ in sexual relations, Jennie

            • Mutual erotic bulemia fetishism DO NOT WANT.

              • weirdnoise

                Ever hear of butt-chugging?

          • ColBatGuano

            Mmmmm, the bitter tears of impotent conservative rage taste sweeter than candy.

            • Lenny Griffin

              This nation has abandoned all morality and restraint on government power, it’s only matter of time before it starts sending people to the killing fields to cull the population.

              • Malaclypse

                Ever see a hot shot hit, kid? I saw the Gimp catch one in Philly. We rigged his room with a one-way whorehouse mirror and charged a sawski to watch it. He never got the needle out of his arm. They don’t if the shot is right. That’s the way they find them, dropper full of clotted blood hanging out of a blue arm. The look in his eyes when it hit — Kid, it was tasty.

              • sharculese

                So… you don’t remember what you’re angry about?

                • Malaclypse

                  Priuses. Everywhere.

                • Lenny Griffin

                  I’m angry about the activist Supreme Court ignoring the rule of law and upholding Obamacare.

                • Malaclypse

                  Will you be angrier Monday? Do you need to pace yourself?

                • sharculese

                  So could you focus on tantrumming about that then and leave off the creepy pathological stuff?

                  I know it enrages you that a black dude gets to be important, but you’ll never make it in life if this is the most focus you can muster.

              • Dis nation has abandoned aww mowawity and westwaint on govewnment powew, it’s onwy mattew of time befowe it stawts sending peopwe to the kiwwing fiewds to cuww the popuwation, uh-hah-hah-hah.

              • guthrie

                It certainly has no more restraing on corporate power than government power, as documented on this blog. And the population is being culled, just not the part of it that includes you.

                • Lee Rudolph

                  What’s a nice cull like him doing in a place like this, anyway?

      • KmCO

        And I feel fine.

      • Malaclypse

        It was the wily way that he got conservative Republican Presidents to nominate most of the Supreme Court Justices that really did the trick.

        • Lenny Griffin

          Why did John Roberts adopt his kids? He donated his time to support queer rights. John Roberts is closet Homosexual fifth columnist sabotaging conservative causes from within.

          • Rob in CT

            Outsmarted by perfidious liberals AGAIN!

            Doesn’t your life just suck?

          • Malaclypse

            Mandrake, do you realize that in addition to fluoridating water, why, there are studies underway to fluoridate salt, flour, fruit juices, soup, sugar, milk… ice cream. Ice cream, Mandrake, children’s ice cream.

            • WabacMachinist

              I think that it’s at this point that Mandrake starts whimpering because he’s beginning to realize what a genuine nut-case he’s dealing with.

          • sharculese

            Jenny you know this is about the ACA case right? The court still hasn’t ruled on marriage equality, so you’ve got a whole second tantrum waiting in the wings!

            • MAJeff

              I’m looking forward to Scalia’s meltdown on that one. I wouldn’t be surprised if he just comes out and writes, “But, faggots!”

              • Malaclypse

                No, he’ll use “Sodomites.”

                • MAJeff

                  Bonus points for “catamites.”

                • It’ll just be one continuous, 20-minute primal scream.

                • I, for one, look forward to page after page of legal cites of Josemaría Escrivá.

            • Lenny Griffin

              Roberts is a queer and Obama is balckmailling him into destroying the constitution.

              • John not McCain

                So when you suck off Jesus, is one expected to gargle the semen, or is a regular swallow and “yum” noise all that’s required?

                • MAJeff

                  Well, if you’re a Republican, deportation follows.

                • Malaclypse

                  But what happens when Jesus Comes Again?

                • MAJeff

                  That’s called a good time.

                • Lenny Griffin

                  So when you suck off Jesus, is one expected to gargle the semen, or is a regular swallow and “yum” noise all that’s required?

                  You are a trully sick person talking about Jesus like that.

                • Malaclypse

                  You are a trully [sic] sick person talking about Jesus like that.

                  Jennie has a point. Being a dessicated corpse and all, Jesus is hardly in a position to give enthusiastic consent.

                • sharculese

                  And that’s a problem for Jenny since when?

                • BigHank53

                  You are a trully [sic] sick person talking about Jesus like that.

                  And yet you keep coming back here over and over again. Let’s be honest: this isn’t about the hunting, is it?

              • sharculese

                I know you don’t believe any of what you’re saying, but can I say it’s ever so fascinating that this is your response to frustration.

              • Tirxu

                Roberts is a queer and Obama is balckmailling him

                Shouldn’t one of these propositions be enough?

              • Thrax

                I love this theory! Roberts is secretly gay and is desperate to hide it from conservatives whose favor he craves, so he issues opinions that piss off conservatives…wait.

          • Why did John Wobewts adopt his kids? He donated his time to suppowt qweew wights. Oh, dat scwewy wabbit! John Wobewts is cwoset Homosexuaw fiff cowumnist sabotaging consewvative causes fwom within, uh-hah-hah-hah.

          • Snarki, child of Loki

            “John Roberts is closet Homosexual fifth columnist sabotaging conservative causes from within.”

            So why are you whining about it here? Shouldn’t you be calling your Teabagger buddies in the House and impeach Roberts?

            The GOP has the votes, if they only man up and stop behaving like scared little girls, that is.

          • tsam

            HE MAD

  • Denverite

    Come on Scott, admit it, the “Moops are going to win” shtick was reverse karmic jujitsu, right?

    • Scott Lemieux

      I take full and unilateral credit for this outcome. (Now to just go quickly to go into the archives and change my prediction on the SSM case…)

  • timb
    • Malaclypse

      #7 is special.

      • sharculese

        I’m working ‘stubborn popery’ into my daily vocabulary.

        • DrS

          I believe ‘stubborn popery’ was one of the main causes of the Thirty Years War

          • tsam

            The Schism. Double Stubborn Popery.

        • LWA

          I thought stubborn popery is that delightful scent of crushed flowers and oil, warmed by a candle.

        • wjts

          Our country is threatened now as never before by a modern Cerberus that has for its heads the triplet evils of Whiggery, popery, and jiggery-pokery.

          • WabacMachinist

            “might i suggest that your berobed whoreslut chief justice is a papist loser commie?”

            Whoa!

        • Mini__B used to be a stubborn pooper. Then he turned three.

        • Davis X. Machina

          Good name for a seisún band…

      • Scott Lemieux

        I’m partial to this one:

        It’s entirely plausible. ONE OF THE AUTHORS CLAIMED THIS IS HOW IT WAS MEANT TO WORK!!!!

        Other than the fact that he wasn’t an author and didn’t say this was how the statute was supposed to work, the point is still idiotic.

    • D.N. Nation

      Gruber Gruber Gruber Gruber

      Good for that guy. Soon to join Alinsky in the Great Hall Of Supposed Liberal Puppetmasters That Most People Don’t Give A Rat’s Ass About

      • Jonathan Gruber is the secret love-child of Saul Alinsky and Stanley Ann Dunham.

        That’s right: Gruber is Nobama’s half-brother!

        WAKE UP SHEEPLE!!11!!

        .

    • random

      Choice find my friend. I count at least 4 calls for armed revolution and I’m only halfway down the page.

      • matt w

        I like this one:

        At this point, I’m for complete meltdown

        Yes. Yes you are.

        Also:

        Well, I’m checking out. What’s the point? I’m going to bury myself in Video games.

        HAVE VIDEO GAMES NOT SUFFERED ENOUGH?

      • timb

        These people are the cream of the right wing legal times…the people who think Mark Levin knows what he talking about. They are always good for two minutes of hate directed toward modernity, minorities, or the New Deal

    • Scott Lemieux

      Intentionalism has beaten textualism and we will now pay the price.

      Jeff Goldstein lives! (It will be fun when Patty reads the opinion of the Court and sees that Roberts is a “textualist” in the sense than Scalia meant the term before and after this case.)

      • DAS

        Do I dare ask how Scalia meant the term during this case?

      • timb

        Yeah, I saw that too. Textualism demands you read it as a whole, as Scalia would tell you any other time.

        PS With the caveat that Goldstein and Patterico hate each other and had long trolling of each other. Schadenfreude was awesome

  • timb

    And, just for the record, the fact that Roberts is the one who quoted Scalia back at Scalia makes me almost as happy. You, talk-show-listening goon, just shut up

    • Rob in CT

      That’s pretty sweet, yeah.

      • Please Sleep With Me MAJeff

        Scalia is ugly like most Italians.

    • Lenny Griffin

      Roberts is a closet queer.

      • D.N. Nation

        There, there. Want a blanky?

        • Lenny Griffin

          I want to Impeach John Roberts Bush intended to nominate a conservative not a homosexual Marxist. I bet that queer fifth columnist Dennis Hastert was behind this.

          • Malaclypse

            Subtext pretty clearly text here, sweetie. Not that there’s anything wrong with that, of course.

          • David Hunt

            I am firmly in favor of this. You should get right on lobbying for it. After all the Chief Justice that Obama appoints will probably be more palatable than the one that Hillary Clinton would.

            • timb

              I’d take either over the scheming a-hole Roberts is

              • David Hunt

                Yes, that was the point. The idea that “Lenny” would suggest impeaching Roberts when it would give a president whose positions he despises a hundreds times more the power to replaces him…it makes me think he’s a piece of performance art.

                • jim, some guy in iowa

                  on the other hand, he’s not showing much ability to think things through. He could be entirely sincere

            • matt w

              Why not just have Hillary appoint Obama?

              • timb

                OMG! I wish I lived in a world where this was possible. It be like today, plus election day 2008, plus Christmas all rolled into together…

                I long to read the right wing blogs in that Universe

                • matt w

                  Honestly I don’t really want Obama on the Supreme Court–too old, history of smoking, likely to be way too deferential to executive power–but he’d be very well qualified, it’d be neat for someone to pull a Taft, and the exploding heads would be delicious.

                • timb

                  I didn’t think of it past the idea of the heads exploding. Honestly, as time goes on and I look into the abyss of conservatives, I find there’s a real danger of becoming tactically like them, i.e., to judge a proposal on its potential to make “libruls” mad.

                  I need to watch that. Starting tomorrow

  • Heron

    I don’t think the wording of that specific passage was even ambiguous. “an Exchange established by the state“; Scalia and the plantiffs may pretend that indefinite and definite articles don’t exist, but I operate under no such delusion. “The state” makes it clear that the bill refers to any part of The US State as a Federal entity. If Congress had meant that line to cover only exchanges established by the individual states, they would have written “…by a state”

    Honestly, it’s embarrassing to find that three of the Most Prestigious Legal Minds of our land never passed their third grade English classes.

    • Hogan

      I really hope I’m seeing this argument for the last time.

      In the “Definitions” section of the ACA, “state” is defined as one of the fifty states or the District of Columbia. Using “state” in your political-science sense in 36B would be an even worse piece of legislative drafting, which is why no one put that argument before a judge.

      • Denverite

        But the look on the sophomores’ faces when they think they’ve uncovered the silver bullet that no one has ever thought of before is so cute.

        • dilan

          I find that problem to be endemic in blogging and blog commenting about legal issues on both sides.

          I’m not saying that it NEVER happens, but the chances that the sort of expensive legal talent involved in briefing major politically charged Supreme Court cases missed or underemphasized the killer argument are practically zero. Whatever you might say about the merits of the positions of either side in this case, I’m sure both legal teams did as good a job as possibly could have been done in presenting them.

          • sharculese

            I’m sure both legal teams did as good a job as possibly could have been done in presenting them.

            I would normally agree, but PERHAPS you’re forgetting something about a certain brief for the APPELLANTS.

            • Denverite

              Will this ever stop being funny?

              • sharculese

                It might have if they had won.

                Now? Never.

            • brugroffil

              Mockery of their briefs always makes me laugh. Who on earth thinks “yeah, THIS is a good way to submit to the Supreme Court!”

          • dr. fancypants

            I find that problem to be endemic in blogging and blog commenting about legal issues on both sides.

            I think this is actually endemic in blogging with respect to any controversial-but-expert-level topic (“But those climate scientists never considered VOLCANOES!!!”).

            • dilan

              It probably is. I just notice it in my area of expertise and don’t so much in fields I don’t have specialized knowledge in.

      • It’s not even “the state”, it’s “the State”, because “State” is defined in the text. If people are going to quibble about possible readings of text they should get the text right. Capitalization matters in the law.

  • Barry Freed

    It’s nice to have some good news for once. Also not to have to hear “Moops” again for a long time.

    • sharculese

      Because wingnuts are so good at letting things go…

      • LWA

        Given that they are still trying to re-litigate the Civil War, not to mention the New Deal, makes me think that my grandkids will be hearing about this crap.

        • Lenny Griffin

          YOu people are trying to turn the clock back 2,000 years to when the Romans persecuted Christians and allowed queers to “marry”.

          • Malaclypse

            All right, but apart from the sanitation, medicine, education, wine, public order, irrigation, roads, the fresh water system and public health, what have the Romans ever done for us?

            • Lenny Griffin

              The Romans had no morals they had slavery, queer marriage and fed people to lions. Morality is more important than anything else.

              • Malaclypse

                Squatting on old bones and excrement and rusty iron, in a white blaze of heat, a panorama of naked idiots stretches to the horizon. Complete silence – their speech centres are destroyed – except for the crackle of sparks and the popping of singed flesh as they apply electrodes up and down the spine. White smoke of burning flesh hangs in the motionless air. A group of children have tied an idiot to a post with barbed wire and built a fire between his legs and stand watching with bestial curiosity as the flames lick his thighs. His flesh jerks in the fire with insect agony.

              • DrS

                There is no higher morality than letting people die in the streets from curable ailments.

              • De Womans had no mowaws they had swavewy, qweew mawwiage and fed peopwe to wions. Oh, dat scwewy wabbit! Mowawity is mowe impowtant than anything ewse.

              • Steve LaBonne

                The real pity is that the Romans didn’t have enough lions to finish the job.

              • timb

                The troll gets the Greeks and Romans wrong AND still can’t tell thinks either allowed same sex marriage

          • MAJeff

            Monday, Jennie. The Obergfell case is probably going to be released Monday, so you can wait a bit on this stuff.

            Today, focus on stripping health care away from people. For a bonus, you could focus on your usual racial hatred to attack fair housing.

            Do try to keep up, cracker.

          • timb

            I look forward to your banning

          • YOu people are trying to turn the clock back 2,000 years to when the Romans persecuted Christians

            Jesus was ~15 years old 2,000 years ago; there wasn’t yet a Christianity to persecute. Can’t you even follow the history of your own religion?

      • timb

        Yeah, I heard the term “fundamentally transform” from two different right wingers yesterday on TWO separate issues

        • NobodySpecial

          They obsess a lot on their fundaments, and also what’s being rammed down their throat by the gays.

          • WabacMachinist

            I’ve often wondered why conservatives seem so attached to the “ram down the throats” image. Obama’s trying to ram ACA down America’s throat. Biology teachers are always trying to ram evolution down students’ throats.
            These are the same people who argue that waterboarding isn’t torture.

    • brugroffil

      Well Seinfeld’s on Hulu now so we can hear it whenever we want!

  • fledermaus

    Wow that’s some strong language for a dissent, even for Nino. I doubt his increasing “old man yells at cloud” routine is winning him many friends on the court.

    • Denverite

      THERE ARE TOO MANY STATES NOWADAYS PLEASE ELIMINATE THREE

      • Hogan

        Well everything’s stolen these days. A fax machine is nothing but a waffle iron with a phone attached!

        • fledermaus

          Dear Advertisers, I am disgusted with the way old people are depicted on television. We are not all vibrant, fun loving sex maniacs. Many of us are bitter, resentful individuals who remember the good old days when entertainment was bland and inoffensive.

      • JKTH

        I’ll be deep in the cold, cold ground before I recognize Missoura!

  • ap77

    +1 for the title of this post.

    • Keaaukane

      I disagree. I found it to be blatant click bait. I was expecting a video with Roberts dancing in a red leather cat suit.

  • burnspbesq

    Technically, King was laughed out of court.

    The District Court ruling that was ultimately affirmed by the Supremes today was the granting of the Government’s motion to dismiss under Rule 12(b)(6) (failure to state a claim on which relief can be granted).

    • dilan

      I hope I never have to go all the way to the Supreme Court to get a 12-b-6 motion granted.

      • Denverite

        I dunno. Given that 12(b)(6)’s are frequently used as a motion for the determination of a novel or unresolved legal question, my guess is that a fair number of SCOTUS decisions ultimately involve that mechanism.

      • burnspbesq

        No kidding.

        But there is a larger context to this. I am not fond of major Constitutional or statutory issues going up the chain based on no record at all. This was Judge Posner’s beef in the latest appeal in the Notre Dame case: bring us some kind of record so we have some ability to think coherently about the real-world consequences of our decisions. And I mostly agree with him.

    • Technically?

      Roberts threw Scalia’s and Thomas’s earlier arguments back in their faces. If that ain’t laughing a case out of court I don’t know what is.

  • So, how many obvious ethnic-stereotype JenBob names are we up to now?

    • MAJeff

      All of them.

      • Mark Field

        Maybe more.

        • sparks

          Hold on. Has he tried any Asian stereotyped names yet? That I don’t remember.

          • I’m not looking forward to that one. If it’s “Bruce Chan” we can count ourselves lucky.

            His “black guy” kept calling people “white devil”, so I’m going to guess that Bruce will swap L and R and say “ah so”.

          • Long Wang? Low Hung? Enormous Genitals?

            • For those who were not around in the 70s: here.

  • keta

    The King v. Burwell decision is:
    a) judicial ju-jiggery-itsu
    b) an unconverted touchdown over a field goal
    c) the end of America as we know it…again…

    Roberts sided with the government because:
    a) he was blackmailed
    b) he loves Italian whine
    c) he got cold feet (“Roberts” is an anagram for “brr toes”)

    Scalia read his dissent because:
    a) his clerks wouldn’t let him sing it
    b) he wanted to ensure his tone was understood
    c) better chance of trending on Twitter

    The future of the Affordable Care Act is:
    a) inviolable
    b) involucre
    c) invidious

    This loss will force Republicans to:
    a) piss, whine and moan
    b) moan, whine and piss
    c) claim the SCOTUS “isn’t the boss of me”

    • ScottRS

      The King v. Burwell decision is:

      A big Biden deal, natch.

  • ASV

    Other than Kennedy coming about, this decision went exactly as I expected. I assume Kennedy was the fourth cert vote, but part of me wonders if it wasn’t Roberts trying to get this nonsense shut down once and for all, well in advance of the 2016 election.

    • jim, some guy in iowa

      that seems like wishful thinking on Roberts’ part to me. The republicans have an awful lot of emotional investment in hating on the ACA

      • Thlayli

        I’m not sure I will ever understand why the Repubs chose health insurance as the hill they wanted to die on, but they did.

        And now Obama has taken that hill. For the third time.

        At some point, they might consider picking a different battle, because this one looks like it’s never going to turn out any better. Knowing them, they won’t.

        • random

          I’m not sure I will ever understand why the Repubs chose health insurance as the hill they wanted to die on, but they did.

          Well they were desperate at the time, their brand was poo and their foot-soldiers demoralized and scattered while the Democrats had a super-majority.

          Also, old people generally don’t like two things: black people and messing around with the healthcare system.

        • David Hunt

          As long as people have a hard time getting health insurance, they can be chained to jobs because they don’t dare lose them. That power imbalance is worth a lot to the people who call the shots in the GOP. Both monetarily and in the satisfaction of being able to screw people for the sheer pleasure of it.

          • random

            I think the opposition is purely strategic. If W. had put this exact same bill before the Congress in 2003 they would have passed it and called anyone who disagreed with them a commie.

            • SamInMpls

              Agreed, especially considering what W. did send to them in 2003.

              Assuming one accepts that the Medicare Prescription Drug, Improvement, and Modernization Act was every bit the disaster that apostates like Bruce Bartlett claim it to be, they set themselves up for the ACA.

              Perhaps if W. had sent them a big reform bill that expanded coverage in ways palatable to insurance companies while also allowing the government to establish a formulary and negotiate prices directly with the drug companies, then maybe it takes another 10 years or so before costs creep up and the Dems start to push for a bill.

            • timb

              This

        • Shakezula

          What better hill to die on than one paved with death panels?

          Before people were covered under ACA, it made sense in a shitty sort of way. But after people started saying “Gee, I sure do like being able to afford a doctor visit” or “Wow, it sure is great not to go bankrupt after a hospital visit!” it only made sense as a way to shake down the terminally angry base.

          And I think Orange Boehner’s vow to keep fighting it proves my point.

          Or it proves my theory that Repubs and other neocons have a public humiliation fetish and being Repubs, they don’t have the decency to get consenting partners.

          • Lee Rudolph

            Or it proves my theory that Repubs and other neocons have a public humiliation fetish and being Repubs, they don’t have the decency to get consenting partners.

            Hey! David Vitter did!!

          • SamInMpls

            Alison Lundergan Grimes refused to say whether she voted for Obama in a televised debate and McConnell is the one with the public humiliation fetish? He got to run in favor of eliminating Obamacare while also claiming that Kynect would somehow magically be unaffected by this.

            I’m honestly not trying to be snarky here. I’m just saying that this is working out just fine for some of these guys individually.

        • timb

          As Bill Kristol noted in ’93, because the creation of another social institution by Democrats which helps the middle class will bind the middle class more closely to the Democrats and make winning harder for conservative Republicans.

          That is most of it. Most of the bs about freedom; the rending of garments and gnashing of teeth was just to stop your enemy from creating a interest constituency.

          • Humpty-Dumpty

            Hence the current Republican strategy to destroy said middle class.

          • Ahuitzotl

            of course the way to deal with that is: eliminate the middle class, as much as you can.

  • We’ve already seen more than 20 Republican-governed states turn down large amounts of free federal money that could be used to expand Medicaid, inflicting significant human as well as economic costs on their states.

    With all due respect to the author (as well as the author of this piece), I think this was a ploy on the part of the governors to get out of admitting Obamacare is a good thing until 2016. Now that SCOTUS has said “Well, we like the plan”, I’m betting 16 of these states reverse course.

    • WabacMachinist

      Which ones won’t? Probably the ones H.L. Mencken used to call the “hookworm states.”

      • I kind of….errrr, surgically extracted that estimate from a posterior orifice. Scott might or might not, since he’s got so much skin in the game against it but circumstances might force his hand. I’m giving Pence credit for coming up with some weird bastardization of expansion. I think pretty much everyone east of Nebraska will fall in line as they all have more concentrated pockets of poverty that will need looking after. So basically that leaves Utah, Nebraska (I have some hope there), Wyoming, and Idaho.

    • timb

      My Governor, who basically took the money and set up a different kind of Medicaid, was lying about the ACA and Medicaid just today. Mike Pence was just livid that Obamacare did not make premiums go down! Didn’t you know health insurance premiums which seem to rise 10% every year still went up and that proves the ACA is a failure. It’s those sky-rocketing premiums, caused by Obamacare, which make the subsidies even necessary

  • tomstickler
  • ChrisTS

    Wow, Adler and Barnett are going flat out nuts over this.

    Heh heh heh.

    • Scott Lemieux

      Where is Barnett writing?

      • matt w

        ScotusBlog.

        LOL CRY MOAR LUZRS I NOM NOM NOM YOUR TEARS

        • ChrisTS

          It’s awesome. Sweet, sweet, schadenfreude.

    • Ken

      “Going”?

    • Shakezula

      But I find Justice Scalia’s dissenting opinion ultimately to be more compelling — just as I found the arguments of Jonathan Adler and Michael Cannon, the legal architects of this challenge.

      Of course.

      Weeks ago, with some hesitation, I accepted SCOTUSblog’s invitation to contribute to this symposium. I did so because I consider the grossly misnamed Affordable Care Act to be an egregious public policy that will degrade and destroy the quality of American health care

      Where quality is that quality that keeps health care in the hands of those who can best afford it. It’s a Donald Trump sort of quality.

      One consolation is that, were President Obama to have vetoed whatever the Republicans would have proposed, nothing good would happen until after the next election, which is where things now stand.

      Whut?

      While the ACA is certainly the “law of the land,” as it has been since its enactment, nothing in the Court’s decision today imparts any additional legitimacy on this law as a public policy meriting political acquiescence. To borrow from the president’s words, it is still “just a law.” So nothing in this decision should deter Republican presidential and congressional candidates in the 2016 election from continuing to press their campaign to “repeal and replace” Obamacare.

      Betcha didn’t know that the S.C. has to impart extra superduper legitimacy for it to mean anything, did ya? Well it’s true so to conclude, Republicans should keep copulating with that domesticated descendant of the Guinea fowl.

      I think Obamacare has broken some people.

      • jim, some guy in iowa

        “I think Obamacare has broken some people”

        it’s okay. They all have good insurance

  • heckblazer

    “Interpretive jiggery-pokery” sounds like a fun kid’s party game.

  • celticdragonchick

    The thread over at Jonathan Turley’s blog is utterly hilarious in doom and despair. His wingnut audience are gnashing their teeth in the 9th circle of hell right now.

    http://jonathanturley.org/2015/06/25/obamacare-spared-through-jiggery-pokery/

    I had thought Turely was, well, mostly sane…but damn does he have a wingnut commetariet.

    • timb

      All serious minded people agree on this

      And I haven’t seen anybody but Trump who has a good realistic vision of what is wrong, and both the MSM and FOX and the GOP establishment is against him.

      Donald Trump is THE man on the white horse (or it white man on a horse for these crackers?)! Donald Trump, who gave money to Hillary Clinton, who has no substance, no business sense, and no political experience is the man who can save us?!

    • I never could figure out why Keith Olbermann was so keen on him.

      • Let me sort out first what Bill Maher sees in Ann Coulter, and then I’ll tackle this.

    • Scott Lemieux
    • He has a glibertarian streak a mile wide, which is why so many ammosexuals try to hit on him persuade him to their side. Also, he testified against Clinton in the impeachment trial.

  • Shakezula

    OMG, wingnutters were venting their rage at @SCOTUSblog because they thought it was the Supreme Court’s Twitter account.

  • Thrax

    This decision is terrible. Had the plaintiffs won, we would have gotten single-payer health care in short order. Curses!

  • timb

    This too is wonderful

    This is the greatest destruction of individual liberty since Dred Scott. This is the end of America as we know it. No exaggeration.— Ben Shapiro (@benshapiro) June 28, 2012

    • The question I have about VBen: If he has sex, will he suddenly start being right? Because masturbation certainly isn’t helping.

  • Manju

    Great Title.

  • paul1970

    Breyer’s argument in oral hearing (not reflected in the judgement) was that “exchanges established by the state” is established as a shorthand for “exchanges established by the state or the federal government.” Scalia’s response is not completely non-sensical. He identifies “exchanges” as the shorthand; and “established by the state” is then an additional qualifier. One can say “Antonin has the properties of Scott”, but any sensible reading of this concedes that there is one property of Scott that Antonin cannot have: namely, being called Scott and not Antonin. So likewise, an exchange “established by the state” cannot be an exchange established by the federal government, no matter how many of the other properties of a state-established exchange a federal government exchange has.
    Of course, the logical conclusion from this is that the meaning of the law cannot be unambiguously determined purely by a parsing of its grammar, because the grammar itself is inherently open to two readings. Even the narrowest of textual readings cannot resolve the case. Needless to say, this is not the conclusion that Scalia draws.

  • paul1970

    And the other interesting thing about Scalia’s argument is his assertion that the court has ‘saved’ the ACA. This implies he seems to think that the court should have destroyed the ACA. In other words, he believes that the intent behind the ACA can be determined, but should have been blocked by the court, and that the proper outcome of the case is that the court should intentionally frustrate the will of legislature. What’s amazing is that he goes out of his way to de-legitimise his own case beyond what he needs to do to assert his legal grounds for dissent.

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