Tag Archives: Constitutional relevance

Well certainly not the outcome expected, one would have thought that the constitutional rule of “apportioned” would have been the only test required to render the “subsidies” (King v. Burwell) a dead issue. Having read the court’s opinion and its rambling and esoteric thought process it’s fairly clear that given the current tenor of the court no challenge, to any law, will have a favorable outcome.

It may also be the case that counsel must do a better job crafting arguments given the situationally-flaccid Justices. It’s absolutely appropriate to repel judicial activism however, in the case of the Supreme Court, I’d argue that is exactly the purpose of the court. The appellate jurisdiction where insuring that constitutional relevance and/or standards are to be upheld.  Read more...