The Mere Possession Of Monopoly Power, And

Bear In Mind That Brains And Learning, Like Muscle And Physical Skill, Are Articles Of Commerce. They Are Bought And Sold. You Can Hire Them By The Year Or By The Hour. The Only Thing In The World Not For Sale Is Character.

Perhaps Sensing The Dismal Failure Of Its Efforts To Show That 'established By The State' Means 'established By The State Or The Federal Government,' The Court Tries To Palm Off The Pertinent Statutory Phrase As "inartful Drafting.' This Court, However, Has No Free-floating Power 'to Rescue Congress From Its Drafting Errors.'

A Journalistic Purpose Could Be Someone With A Xerox Machine In A Basement.

Justice White's Conclusion Is Perhaps Correct, If One Assumes That The Task Of A Court Of Law Is To Plumb The Intent Of The Particular Congress That Enacted A Particular Provision. That Methodology Is Not Mine Nor, I Think, The One That Courts Have Traditionally Followed. It Is Our Task, As I See It, Not To Enter The Minds Of The Members Of Congress - Who Need Have Nothing In Mind In Order For Their Votes To Be Both Lawful And Effective - But Rather To Give Fair And Reasonable Meaning To The Text Of The United States Code, Adopted By Various Congresses At Various Times.

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.