Diary

Supreme Court Repeals 10th Amendment?

I’ve read several stories this morning concerning the Supreme Court again rewriting the health care law, this time to validate the tax subsidies. To quote Justice Scalia in his  dissent, the court had to conclude that  “Exchange established by the State” means “Exchange established by the State or the Federal Government.”

If “or the Federal Government” is now the implied definition of “State” in our nation’s laws, has the Supreme Court not repealed the 10th Amendment through judicial decree? I can imagine that there are all kind of leftist, mischief-making litigants who will use this ruling to argue that the Supreme Court set precedent in King v. Burwell that the statutory meaning of “State” is “States or the Federal Government.”