Fox News senior judicial analyst Judge Andrew Napolitano unleashed a blistering reaction to the Supreme Court’s decision to uphold Obamacare yet again, specifically taking aim at Chief Justice John Roberts.
“My immediate reaction is that the chief justice has yet again resorted to a nearly unheard of construction in order to save the statute,” Napolitano said.
“Last time around when the government said it was not a tax and the challengers said it was not a tax, the chief justice ruled it was a tax and that saved it,” he continued. “This time around he took the plain meaning of ordinary words, ‘established by the states,’ and somehow held that they were ambiguous, and that he could — and that that the majority could — correct the ambiguity according to what they thought the drafters meant.”
The controversy this time centered on whether individuals living in states that refused to set up their own exchanges could still receive federal tax subsidies to make their health coverage more affordable. The plaintiffs contended the legislative language clearly means that tax subsidies to buy health insurance can only be available to states that established their own health exchanges. That leaves out residents in 37 states that didn’t set up an Obamcare marketplaces ineligible for subsidies. The Obama administration argued the language broadly meant all exchanges were eligible for federal tax subsidies.
“The court is now in the business of saving a statute in order to save its reputation,” Napolitano said, summarizing the dissent of Justice Antonin Scalia.
“I believe … [Roberts] will continue to undermine his won credibility as a fair-minded jurist, because he has reached to bizarre and odd contortions in order to save this statute twice,” Napolitano said.
“This is a weird and and unpredictable outcome,” he concluded.
TheBlaze’s Fred Lucas contributed to this report.