THE SEAN HANNITY SHOW

SCOTUScare Fallout This was not a good week for the Constitution.  The Supreme Court decided to engage in judicial activism and save ObamaCare.  Or as Justice Scalia suggests, "SCOTUScare." The decision in the King v. Burwell case was highly anticipated.  This is because ObamaCare's fate hung in the balance.  The issue was whether the federal government could provide ObamaCare subsidies to those who could not get covered through state exchanges.  The writing in the law is blatantly clear.  An Exchange established by the state has the authority to issue subsidies.  No where does it mention the power of the federal government to do so.   But when ObamaCare was made a reality, it turned out that most states did not want to establish their own exchanges.  They looked at the longterm numbers and realized that eventually they would be on the hook for a lot more money.  So they opted to leave it to the federal government, which left the Obama administration in a pickle. Suddenly, they had a problem and did what they had to do, regardless of the law, in order to implement their precious ObamaCare on the federal level. So this was challenged and the challenge was accepted by the Supreme Court.  And finally, the Supreme Court decided that it was going to legislate from the bench and purposefully misinterpret what the law plainly states.  The majority decided to essentially rewrite the law, taking on the role of the Legislative Branch, which is not within their authority. As Justice Scalia wrote in his brilliant dissent, "The Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution." The court got this one disastrously wrong.  Not only that, but they've made a mockery of the Constitution, separation of powers and our system of checks and balances. Dissent  And yet again, we have Chief Justice John Roberts to thank for saving ObamaCare.  This is the second time he has done so.  This is the second time this court has engaged in judicial activism in order to save this law.  This is the second time the court has purposefully misinterpreted the words of this law to say things they do not mean for the purposes of saving it.Another line from Scalia's dissent reads, "Words no longer have meaning if an Exchange that is not established by a State is 'established by the State.'"He's absolutely right.  But it's not just John Roberts.  Republicans in Congress are to blame as well. Republicans in Washington put the court in this position by being too afraid to take a stand and use every legal power at their disposal in order to repeal ObamaCare.  Few were willing to put their cushy Congressional jobs on the line and stand with Senator Ted Cruz because they were afraid of being blamed for a government shut down. Congress should have had the guts to take care of ObamaCare.  But instead, they punted to the courts.  And now the result is a national tragedy.