Judge Andrew Napolitano believes Chief Justice John Roberts, in his majority opinion in King v. Burwell engaged in “bizarre and odd contortions” to reach its decision.
“My immediate reaction is that the chief justice has yet again resorted to a nearly unheard of construction in order to save the statute,” Fox News’ senior judicial analyst told Bill Hemmer.
He noted that Roberts has now saved the law twice, first ruling in favor of its constitutionality and now in re-interpreting the plain language of the statute. “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,” the judge said.
“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 court is now in the business of saving a statute in order to save its reputation,” Napolitano said, sharing the view Justice Antonin Scalia put forward in his dissent.
http://www.westernjournalism.com/watch-stunned-judge-napolitano-rev...
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