“If the Supreme Court dismantles a core provision in Obamacare, America will be plunged into a pre-2010 levels of dystopia.”
h/t David Harsanyi in Progressives To SCOTUS: Do The Right Thing And Ignore The Constitution.
We’ve reached a point where liberals not only argue that empathy (well, selective empathy, as you might imagine) should play a leading role in legal decisions, but that the Court should avoiding disrupting any laws that are driven by progressive notions of compassion. You know, because of the “consequences.” And since progressives treat all their reforms as consecrated acts of charity, this would create a rather convenient legal environment for them.
But, of course, they don’t really want justices to use their own moral discretion. What if, for instance, a majority of justices believed that it was Obamacare that was the most disruptive force in the country today? What if they believed ridding America of the ACA would benefit most Americans? If the justices defused Obamacare, think of all the disrupting taxes and regulations they would be saving citizens from. What if justices reasoned that killing Obamacare was the most compassionate thing to do? Would the Left still argue that that they should worry about consequences – or would their position become “political”?
Incidentally, where were all these concerns about disruptions and consequences when a fleeting majority unilaterally stuffed a major reform down the throats of all Americans?
Unlike some self-styled legal scholars with unflinching moral certitude, I don’t know if the King v. Burwell challenge will be successful on the merits. But when the idea that a mere typo had caused all the confusion over state subsidies was debunked, it became necessary to find an alternative argument for public consumption. Liberals chose histrionics. The idea that lifting subsidies for a relatively small number of newly insured Americans will result in the collapse of entire state insurance markets or create unmanageable havoc is not only risible, but transparently political. And anyway, if these government-run exchanges were “marketplaces” of any kind, this lawsuit wouldn’t matter.