In a democracy, the power to make the law rests with those chosen by the people. Our role is more confined—“to say what the law is.” … That is easier in some cases than in others. But in every case we must respect the role of the Legislature, and take care not to undo what it has done. A fair reading of legislation demands a fair understanding of the legislative plan.
Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter. Section 36B can fairly be read consistent with what we see as Congress’s plan, and that is the reading we adopt
I still don’t trust the Supreme Court because it’s full of blockheads like Alito, Scalia, and Thomas who actually dissented from this, even thought they like to think that they are putting laws in the correct context. (And yes the ‘liberals’ do it too.) But this is the right decision. Let’s hope this closes the book on ACA challenges.