The Corner

Law & the Courts

Worse Than an Error

I concur entirely with my colleagues that the Court has erred — and this is worse than error, truth be told — in the matter of King v. Burwell. Chief Justice Roberts has done violence to both the republic and his reputation with his risible argument that the law must say something other than what it says because it would be better if it said that instead of what it does say.  

But there is an up-side: It would be far better if this were sorted out legislatively rather than through litigation. With all due respect to Michael Cannon et al., who performed heroic labors in this case, a Supreme Court ruling is not, and never was, the best way to uproot the so-called Affordable Care Act. Far better that it be done by elected representatives.

It is now up to Congress — and to 13 men and women who desire to be the Republican presidential nominee — to take up the task once more.  

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