I guess it’s time to abandon the old-fashioned notion that the meaning of a law has anything much to do with the words that make up the law:
You would think the answer would be obvious—so obvious there would hardly be a need for the Supreme Court to hear a case about it. . . Words no longer have meaning if an Exchange that is not established by a State is “established by the State.” It is hard to come up with a clearer way to limit tax credits to state Exchanges than to use the words “established by the State.” And it is hard to come up with a reason to include the words “by the State” other than the purpose of limiting credits to state Exchanges.
From now on, the way our system works is: (1) Congress passes a law; it doesn’t much matter what it says because, (2) the President then does whatever he feels like to achieve what he deems to be the aims of the law.
If, to make the law work, someone who the law plainly says does not have to pay a penalty, must nevertheless be ordered to pay a penalty, he has to pay. That’s how our system works now. (Uh, I mean tax, not penalty. Sorry.)
POSTSCRIPT: Ann Althouse says that Republicans should be glad, because this is politically better for them. That’s only true if we value the GOP’s political fortunes over the rule of law.