The Wit and Wisdom of Antonin Scalia, the Supreme Court’s Lovable Curmudgeon

Pete Marovich/ZUMA


Here is Antonin Scalia’s dissent in the Obamacare case. Although Scalia would not approve, I have arranged the excerpts out of order so they make more sense and are more amusing. I have also eliminated all the legal arguments and other boring parts. You can always read the full opinion here if you want. For now, though, tell us what you really think, Mr Scalia:

Words no longer have meaning if an Exchange that is not established by a State is “established by the State.”

Yet the opinion continues, with no semblance of shame, that “it is also possible that the phrase refers to all Exchanges—both State and Federal.”

But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved. [Scalia makes it clear throughout that he’s still really pissed about losing the original Obamacare case in 2012. –ed.]

Contrivance, thy name is an opinion on the Affordable Care Act!

Faced with overwhelming confirmation that “Exchange established by the State” means what it looks like it means, the Court comes up with argument after feeble argument to support its contrary interpretation.

The Court’s next bit of interpretive jiggery-pokery involves other parts of the Act that purportedly presuppose the availability of tax credits on both federal and state Exchanges….Pure applesauce.

The somersaults of statutory interpretation they have performed…will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.

We should start calling this law SCOTUScare.

$500,000 MATCHING GIFT

In 2014, before Donald Trump announced his run for president, we knew we had to do something different to address the fundamental challenge facing journalism: how hard-hitting reporting that can hold the powerful accountable can survive as the bottom falls out of the news business.

Being a nonprofit, we started planning The Moment for Mother Jones: A special campaign to raise $25 million for key investments to make Mother Jones the strongest watchdog it can be. Five years later, readers have stepped up and contributed an astonishing $23 million in gifts and future pledges. This is an incredible statement from the Mother Jones community in the face of the huge threats—both economic and political—against the free press.

Read more about The Moment and see what we've been able to accomplish thanks to readers' incredible generosity so far, and please join them today. Your gift will be matched dollar for dollar, up to $500,000 total, during this critical moment for journalism.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate

We have a new comment system! We are now using Coral, from Vox Media, for comments on all new articles. We'd love your feedback.