Monday, June 29, 2015

"Words no longer have meaning


meaning if an Exchange that is not established by a State is 'established by the State.' It is hard to come up with a clearer way to limit tax credits to state Exchanges than to use the words 'established by the State.' And it is hard to come up with a reason to include the words 'by the State' other than the purpose of limiting credits to state Exchanges. '[T]he plan, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, hidden sense that nothing but the exigency of a hard case and the ingenuity and study of an acute and powerful intellect would discover.' Lynch v. Alworth-Stephens Co., 267 U.S. 364, 370 (1925). Under the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved."

— U.S. Supreme Court Justice Scalia, in his dissenting opinion in King v. Burwell, which was joined by Justices Thomas and Alito.

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