“Trying to Empty The Oceans With a Spoon” Perfectly Describes Supreme Court Justice Scalia’s Frustration Exhibited in His Dissent Over the King vs. Burwell Case

Understand that Supreme Court dissenting opinions do not create binding precedent nor do they become a part of case law, but clearly Supreme Court Justice Antone Scalia was so frustrated by the 6-3 outcome today that he minced no words in his opinion. (hat-tip LegalInsurrection.com).

“The plain, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, hidden sense . . . . in other words under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court:  The Affordable Care Act must be saved.”

plain englishScalia goes on to say that “we could rename Obamacare SCOTUScare and that we could rename the current Supreme Court not ‘the Roberts Court’ anymore it’s ‘the Humpty Dumpty Court’ instead”

“When I use a word, ‘Humpty Dumpty said in a rather scornful tone, ‘it means just what I choose it to mean – neither more or less.’

‘The question is’, said Alice, ‘whether you can make words mean so many different things.’

‘The question is’, said Humpty Dumpty, ‘which is to be master – that’s all.”humpty dumpty

This is terrible precedent! Scalia is quite right to say that words have no meaning and it’s another terrible blow to the rule of law. As Senator Ted Cruz said, if the Supremes want to practice law they need to resign form the court and join the legislative branch because that is what they did in this case.

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Aloha, Mikie ~just a blogger (fightin’ like a girl)

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