It’s not every day that the Roberts Court can be worse than even I expect, but here we are: the Court is about to rule that the Moops invaded Spain. It’s not 100% that King v. Burwell will be overruled, I guess, but I don’t know why else they would preempt the Halbig en banc hearing otherwise.
I will have a piece on this coming out Monday, but it’s hard to overstate how evil and insidious this is. The Roberts Court stops both key components of the ACA from functioning in red states, based on farcial ad hoc legal arguments, without a single high-profile ruling that the law is unconstitutional.
People with strong stomachs can look at Johnathan Adler, in his palpable excitement about millions of people about to be stripped of their health insurance, claiming that this case is about…deferring to Congress. The fact that not a single member of Congress involved in passing the ACA has believed at any time that the subsidies were not available on federally established exchanges and the interpretation of the statute saying otherwise is nonsensical on its face renders this rather dark comedy indeed.