Jonah Goldberg says “The Great Liberal Forgetting about Jonathan Gruber begins… NOW.” Writing in the wake of Halbig he points out Gruber’s (one of the architects of Obamacare) admission that the law was written unambiguously to “squeeze” the States.
Anyway, the liberal response to the decision was really quite fun. They shrieked about how this was a mere “typo” or “drafting error” (which is just not true) and tried to make it seem like suggesting otherwise was dishonest madness of the sort reserved for the likes of Dr. Evil’s father and his claims to have invented the question mark. But what I really liked was the panic over “judicial activism.” E.J. Dionne — who has no problem with liberal judicial activism that simply invents new rights out of thin air — called this decision “anti-democratic sabotage.” This is funhouse logic. As NR put it in an editorial, “It’s an odd world in which judges are accused of usurping the role of Congress for ruling that the executive branch must follow the text of a law Congress wrote.” Seriously, who knows what will happen if the courts start adhering to the law as written? That’s like saying the IRS should be politically neutral. Madness!
Moreover, liberals insisted that nobody in their right mind ever believed Congress intended to withhold subsidies on the federal exchange in order to encourage states to create state exchanges.
Not exactly. Here’s Gruber’s admission:
“In the law, it says if the states don’t provide them, the federal backstop will. The federal government has been sort of slow in putting out its backstop, I think partly because they want to sort of squeeze the states to do it. I think what’s important to remember politically about this, is if you’re a state and you don’t set up an exchange, that means your citizens don’t get their tax credits. But your citizens still pay the taxes that support this bill. So you’re essentially saying to your citizens, you’re going to pay all the taxes to help all the other states in the country. I hope that’s a blatant enough political reality that states will get their act together and realize there are billions of dollars at stake here in setting up these exchanges, and that they’ll do it. But you know, once again, the politics can get ugly around this.”
We’ll see just how ugly when Halbig gets to SCOTUS and the Left goes Alinsky on the Roberts Court.
Those of us who have been critical of Obamacare’s endless textual invitations to leave the details of national policy up “the secretary” have often referred to the law as an “enabling act” — as a perilous general warrant that transfers the prerogatives of Congress to the executive branch and substitutes for the codified work of citizen-approved legislators the transient whims of a haughty mandarin class. Little did we know just how appropriate our critique would become. There being nothing in America’s constitutional settlement that permits a president to recast the rules if they prove electorally inconvenient for him, the Obama administration’s repeated rewriting of the law has been vexing enough in isolation. Far worse, however, is that in the eyes of the expansionist Left, Obamacare seems not to represent a limited series of binding and meaningful words on a page — there to be implemented within the usual bounds of discretion — but a holistic permission slip for its aims. Increasingly, its defenders’ arguments are boiling down to “but this is a good idea,” an approach that renders Obamacare little more than a shell into which good intentions can be poured without limit and that cannot legitimately be resisted — not by Congress, not by the states, and not even by the courts. “Sure,” the attitude dictates, “it doesn’t say we can do that explicitly. But all right-thinking people believe we should.”