In a democracy, the power to make
the law rests with those chosen by the people. Our role is more confined—“to say what the law is.” Marbury v. Madison , 1 Cranch 137, 177 (1803). That is easier in some cases than
in others. But in every case we must
respect the role of the Legislature, and take care not to undo what it has
done. A fair reading of legislation demands a fair understanding of the legislative
plan. / Congress passed the Affordable Care
Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way
that is consistent with the former, and avoids the latter. Section 36B can
fairly be read consistent with what we see as Congress’s plan, and that is the
reading we adopt.
King v. Burwell 576 U.S. _____ (2015) 21.
No comments:
Post a Comment