Scalia exposed that in King v Burwell, the Court elevated politics over both the rule of law and the separation of powers.
In King, a six-justice majority of the Supreme Court acknowledged the operative statutory text authorizes those taxes and subsidies only in states that establish an Exchange. But because the majority determined ObamaCare would collapse without them, it ruled the IRS could continue to implement those taxes and subsidies. Scalia’s dissent exposed that, rather than give effect to Congress’ intent, the majority simply substituted its own policy preferences for those of the legislature.
