The Worldnetdaily has an article about a Republican congressman having said that the GOP is panicking over the idea of winning the King v Burwell case, in which a ruling is expected in the next two weeks. This is the case that would eliminate subsidies for the federal health care exchanges. That congressman has no idea what the case is about.
The congressman’s voice was calm but there was exasperation in his words, and an implicit concern that Republicans were poised to snatch defeat from the jaws of a major victory.
Referring to a Supreme Court decision, due any day now, that could effectively overturn Obamacare, U.S. Rep. Raul Labrador, R-Idaho, lamented, “I think there is some fear in some circles in the Republican Party that if this decision goes our way that it’s actually bad for us.”
Sounding incredulous, he told reporters on Capitol Hill, “And I’m having a hard time understanding that, because, if it goes our way, then it will be exactly as we’ve been saying: that the way it was passed was wrong, that it was illegal and there might even be some constitutional issues with it.”
I can see why you’re having a hard time understanding it because you have no idea what the case actually is about. If conservatives get what they want, it will have nothing at all to do with how the ACA was passed. It was passed the same way every other law is passed, by taking votes in Congress. It will have even less to do with whether the law is “illegal” or unconstitutional. This is a question purely of statutory interpretation. They aren’t deciding whether the law was illegal or constitutional, they’re deciding what one single sentence of the law means and whether the way it’s been implemented is consistent with the meaning of that sentence.
Even if conservatives win, that will have nothing to do with the law being passed wrongly, being illegal or being unconstitutional. Three strikes, you’re out.