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Meese and Blackwell Get It Right: SCOTUS Should Strike Down Obamacare Subsidies

U.S. Supreme Court 5-1-2015

Our friends Edwin Meese, attorney general under President Ronald Reagan, now the Heritage Foundation's Ronald Reagan distinguished fellow emeritus and J. Kenneth Blackwell former Ohio state treasurer and secretary of state, who is now on the board of directors of the Club for Growth among many other conservative endeavors have an excellent op-ed in USAToday discussing the merits of the King v. Burwell Obamacare case now before the Supreme Court.

Meese and Blackwell say two questions will dictate not only the future of healthcare, but also the balance of power between Washington, D.C., and the states, and the separation of powers between the federal branches. One concerns state sovereignty, the other the heckler's veto.

The article offers a cogent discussion of the case and those two questions, but it is Meese and Blackwell’s development of the argument over the separation of powers and federalism that caught our attention.

The authors distinguish the present case from the 2012 case where Chief Justice Roberts (wrongly we believe) upheld Obamacare as a tax, not a commercial mandate. “In King, Congress's words will not be touched; the question is whether an agency — here, the IRS — can rewrite statutes through rulemaking.”

And here’s the key point Meese and Blackwell make that in our opinion bears on the present threat to our constitutional government presented by the lawlessness of Barack Obama:

“Refusing to give effect to Congress's law would usher in an era where courts routinely let presidents rewrite statutes whenever the words Congress adopts does not produce outcomes the president likes. It will permanently cede legislative power to the executive branch; Congress will only be needed to pass an initial statute, then any future president can modify key provisions at will.”

This is precisely the issue in the challenge to Obama’s “executive amnesty” and as we see it, in Obama’s attempt to coerce states into adopting new non-science-based politically motivated “clean” air standards.

Congress under the present feckless Republican leadership has proven itself to be singularly incapable of exercising the check and balance on executive branch overreach and lawlessness through the power of the purse. The only remaining opportunity to reestablish constitutional government and federalism is for the Supreme Court to set the balance right by stating unequivocally that the words Congress adopts when it enacts a law are what the law is.

Click the link to read "Why the Supreme Court should strike down Obamacare subsidies" by Edwin Meese and Ken Blackwell.

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