Legislative Intent

from Petterico’s Pontifications, King v. Burwell: Intentionalism Trumps Textualism, and the Rule of Law Dies: excerpt: There is much disagreement about this on both sides. The conservatives point to Jonathan Gruber, a central ObamaCare drafter. The lefties note...

Uninhibited Power

from The Washington Post, On Obamacare, John Roberts helps overthrow the Constitution by George Will excerpt: Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying this...

Legislative Moral Hazard

Without debating the substance of the ACA or the arguments used in the King vs Burwell ruling, the Supreme Court functions within a gray area.  On one hand it should not be their purpose to correct or reject bad legislation, not should it be their goal to interpret so...