Another View -- Charles Lane: Obamacare and the Constitution
That’s not to say that the majority of a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit correctly struck down the issuance of tax credits through the federal health insurance exchanges in 36 states — though it is true, as the judges said, that the law only speaks of “Exchanges established by the State.”
They overestimated their purchase on a polarized electorate and underestimated the inevitable counter-reaction.
On the health-care law, however, only Chief Justice John G. Roberts Jr. has played against partisan type; in 2012, he cast a deciding vote to uphold it, much to the fury of his fellow conservatives. Democrats, for their part, pocketed the win and resumed loudly reviling the chief when he ruled against them on other issues.
Charles Lane is a member of The Washington Post’s editorial board.
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