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.'
Antonin ScaliaThis is an execution, not surgery. Where does that come from, that you must find the method of execution that causes the least pain?
Antonin ScaliaI even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
Antonin ScaliaUnder 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.
Antonin Scalia