I think one of the most tragic conclusions we can so far write about the American experiment is that too many people--way too many people in Congress--willingly put into the hands of the USSC justices the fate of political policy measures. I've heard people in Congress say on the record that it (whatever it is) is worth passing, and if the USSC rules it unconstitutional, then it is, but if they don't, then it isn't. Sure, it's true on its face to say this, but doesn't a person whose taken an oath to uphold, protect, and defend, the Constitution have some obligation to have their own view over what exactly is permitted by the Constitution itself? Our Founders could not have envisioned an America governed by as few as five people wearing black robes. How is that not judicial oligarchy, at best?
Before the USSC today is Obamacare's provisions regarding subsidy restrictions. The best I think one can say about the administration's claims is that if true and sincere then a Democrat-controlled Congress was utterly incompetent at writing legislation which would affect virtually every American, and the largest single share of the American economy. The claim is that the clauses (multiple locations within the statute) which do not permit subsidies to Americans buying insurance through a federally-run exchange is a mere drafting error akin to a typographical mistake. That these mistakes occur repeatedly and in various sections of the statute seems to, on its face, put the lie to that claim. But this is an administration adept at lying. Will this lie work?
The USSC has to conclude that Congress is inept if it agrees with respondents. To continue to rule in favor of Obamacare it must, as a consequence, rule that one branch of our government doesn't know how to do its job and shouldn't be held accountable for its own actions. I can't imagine a better way to make America worse.
We won't get better government unless and until voters demand it. And voters (liberal voters in large measure) will never demand it so long as they are protected from the consequences of their own actions. You vote for someone incompetent, who then writes or votes for an incompetently drafted law, and then are excused from culpability, and you have no reason to change at all.
I hope the USSC gives liberals a reason to become better. It's tragic I can only have a hope the USSC does this. When these flaws were revealed everyone in America, literally EVERYONE, should've thought that the USSC will never fix the legislation for Congress, that it's Congress' job to do. Instead, as many as 40% of Americans are hoping the USSC wipes the rear end's of Democrat members of Congress. Pathetic.