Sunday 29th March 2015

Home » Featured Today » Currently Reading:

Will John Roberts Decide A “State” Is Not A “State”?

July 27, 2014 Featured Today No Comments

By TERENCE P. JEFFREY

The Supreme Court may soon need to decide whether the federal government can be considered a “state” in our federal republic in the same sense that Iowa, Wyoming, and Wisconsin are states.
On the face of it, this question may seem absurd. In fact, given any level of reflection, it is absurd. The federal government is not one of the states.
But this absurd question was at the heart of Halbig v. Burwell, decided this past week by the U.S. Court of Appeals for the District of Columbia, and it could soon become a defining issue in American life.
Section 1311 of the Affordable Care Act, the court explained, provided for “each State” to establish an exchange to sell health insurance.
However, the federal government cannot force a state government to create a health insurance exchange.
So, section 1321 of the ACA empowered the secretary of Health and Human Services to directly create an exchange, under the authority of the federal government, in those states where the state government exercised its right not to create one.
But then the lengthy and complicated law did an interesting thing. It provided that people earning up to 400 percent of the poverty level could get a federal subsidy to buy health insurance — so long as they bought that insurance in an exchange “established by the State under Section 1311.”
The law did not extend the federal subsidy to people who make more than 400 percent of the poverty level, or who buy their insurance some place other than in an exchange “established by the State under Section 1311.”
For example, the law did not include language providing a federal subsidy to people who bought their insurance in an exchange established by the federal government under Section 1321.
But the actual language of the law proved no obstacle to the Internal Revenue Service. When the IRS wrote the regulation governing the federal subsidies that people can get to buy health insurance under the Affordable Care Act, it simply pretended the law extended subsidies to people buying health insurance on federal exchanges as well as state exchanges.
For advocates of Obamacare, the IRS’s expansion of the law turned out to be extremely important. Only 14 states established exchanges under Section 1311. The federal government, using Section 1321, established exchanges in the other 36 states.
Under the Affordable Care Act, the Appeals Court explained this past week, the penalty that enforces the individual mandate to buy insurance does not apply if a health insurance plan would cost more than 8 percent of a household’s income. Similarly, the provision that penalizes companies that employ more than 50 people if they do not buy insurance for their employees does not apply unless an employee of the company qualifies for the government subsidy to buy insurance in an exchange.
Without the exchanges and their subsidies, far fewer people would be subject to both the individual and employer mandates. Had the IRS not unilaterally extended to the federal exchanges the subsidies that the language of the law only extends to state exchanges, those individuals and businesses would be free of the mandate.
In Halbig v. Burwell, a group of employers and individuals sued the federal government, arguing that the IRS regulation contradicted the plain language of the ACA as passed by Congress and signed by President Barack Obama.
Two members of a three-judge panel on the Appeals Court did a very simple thing: They read the law and the IRS regulation. They then determined the regulation did something the law did not authorize: It provided subsidies to people buying insurance on the federal exchanges.
“We reach this conclusion, frankly, with reluctance,” wrote Judge Thomas Griffith, who was joined by senior Judge Raymond Randolph.
“At least until states that wish to can set up exchanges, our ruling will likely have significant consequences both for the millions of individuals receiving tax credits through federal exchanges and for health insurance markets more broadly,” he wrote.
“But, high as those stakes are, the principle of legislative supremacy that guides us is higher still,” said the judge.
“Within constitutional limits, Congress is supreme in matters of policy, and the consequence of that supremacy is that our duty when interpreting a statute is to ascertain the meaning of the words of the statute duly enacted through the formal legislative process. This limited role serves democratic interests by ensuring that policy is made by elected, politically accountable representatives, not by appointed, life-tenured judges.”
In his infamous opinion deciding that the individual mandate was constitutional, Chief Justice John Roberts wrote: “The text of a statute can sometimes have more than one possible meaning.”
For Roberts, in that case, the word “shall” in the ACA did not always mean “shall” and the word “penalty” did not always mean “penalty.” He led the court in rewriting the law that Congress enacted, so he could claim it was constitutional.
Now, the question for John Roberts may be: Is the federal government sometimes a “state” just like Texas or Rhode Island?

+    +    +

(Terence P. Jeffrey is the editor in chief of CNSnews.com. Creators.com provides his column.)

Share Button

Comment on this Article:

Cardinal Burke says confusion spreading among Catholics ‘in an alarming way’

LifeSiteNews: Since the extraordinary synod on the family, we have entered a period of uncertainty and confusion over several “hot-button” issues: communion for divorced and “remarried” couples, a change of attitude towards homosexual unions and an apparent relaxing of attitudes…Continue Reading

Bishop backs Catholic school’s removal of teacher over pro-marriage Facebook comments: cites Pope Francis

SOMERVILLE, NJ, March 23, 2015 (LifeSiteNews.com) – A Catholic school has decided not to rehire a theology teacher who rejected the argument in favor of gay “marriage” on her private Facebook page, her family has announced. The controversy began last…Continue Reading

Creepy Catholicism.

Martin O’Malley is the latest Catholic politician to come out as a duplicitous “Catholic.” Deacon Kandra posts an excerpt here from an interview in which O’Malley displays some amazingly twisted thinking to support homosexual marriage–even though he’s a Catholic. As far…Continue Reading

Polish Bishops’ Conference rejects Holy Communion for divorced and “remarried”

The Polish Bishops’ Conference has issued a communiqué firmly rejecting the proposals that divorced and “remarried” Catholics should be admitted to Holy Communion without amendment of life. The communiqué, published on 12th March, includes the following statement: “In view of the…Continue Reading

Celtic Catholic priest and friends pile on archbishop

On Monday March 16, KALW radio’s City Visions will host a program “Can Bay Area Catholics and Archbishop Cordileone find Common Ground?” Scheduled guests are the Reverend Vincent Pizzuto; Most Holy Redeemer parishioner and teachers’ union representative Ted DeSaulnier; and…Continue Reading

The Traditional Case for Capital Punishment

A group of Catholic publishers recently issued a joint statement urging an end to capital punishment. I have great respect for all of them – I have written for all of them at one point or another. I disagree with…Continue Reading

Cardinal Müller: Pope Is Not Above the Word of God and the Catholic Faith

Edit: Rorate tends to understate things.  They want a sober response.  We’d like to offer this translation of Giuseppe Nardi’s appreciation of their take on Cardinal Müller’s recent letter appearing in the Osservatore Romano and additional commentary from other important Italian…Continue Reading

Is the Synod Secretariat Stacking the Deck Again?

The Vatican today announced that the vice president of the John Paul II Pontifical Institute for the Study of Marriage and the Family will be a consulter to the Secretary General of the Synod of Bishops. Professor José Granados‘ appointment,…Continue Reading

Gay activist: Of course our goal is to ‘indoctrinate children into LGBTQ agenda’

TORONTO, March 13, 2015 (LifeSiteNews.com) — A homosexual activist has candidly admitted that gay-themed materials and policies pushed in grade schools across North America are for the sake of “indoctrinating” children into an unquestioning acceptance of homosexuality. “I am here…Continue Reading

Pope . . . giving holy Communion to remarried divorcees “won’t solve anything”

On the second anniversary of his pontificate, the Holy Father gave a lengthy interview to a Mexican television journalist. – CNA/Bohumil Petrik VATICAN CITY — In a new, wide-ranging interview published Friday on the second anniversary of his election, Pope…Continue Reading

Cardinal rebukes head of German bishops: We can’t ignore Christ’s teaching on marriage

German Cardinal Paul Josef Cordes, who headed the Papal Council Cor Unum until 2010 and was made a cardinal by Pope Benedict XVI, has publicly opposed the words and direction of the German Bishops’ Conference. In a Letter to the…Continue Reading

Catholic dissenters’ convention keynoter: A pornographic sex columnist?

Seattle, Wash., Mar 12, 2015 / 02:31 am (CNA).- Dan Savage coordinates an annual pornography festival. He has made obscene tirades about Pope Benedict XVI, denigrated the practice of monogamy, insulted high school students and publicly harassed politicians he opposes.…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to subscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 145 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.

 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

12 Ways to Become a Committed Catholic Man

There is a Catholic “man-crisis.” Large numbers of men who were baptized Catholic have left the Church and the majority of those who remain are “Casual Catholic Men”, men who do not know the Catholic faith and don’t practice it. This large-scale failure of Catholic men to commit themselves to Jesus Christ and His Church has contributed to the accelerating…Continue Reading

Today . . .

Pope: Life Of St Teresa Of Avila Can Help Renew Consecrated Life

st thera avila

(Vatican Radio) Pope Francis said the life of St Teresa of Avila, characterized by “total self-giving to God,” is a “great treasure” that can help to renew consecrated life today. The pope spoke of the witness of St Teresa in a letter, issued Saturday, to the Superior General of the Order of Discalced Carmelites, Fr Xavier Cannistrà, to mark the occasion of the 500th anniversary of the saint’s birth. Listen to the report by Laura…Continue Reading

Mass at Santa Marta- Ode to joy

2015-03-26 L’Osservatore Romano Joy and hope are Christian traits. It is sad to find a believer who knows no joy, fearful in his attachment to cold doctrine. This was the very reason for Francis’ ode to joy during Mass at Santa Marta on Thursday, 26 March. At the beginning of Mass, the Pope acknowledged the Carmelite “Hour of Prayer for Peace”. “Dear brothers and sisters”, he said, “the day after tomorrow, 28 March, will be…Continue Reading

The exhibition of the Holy Shroud of Turin

pope741

(Vatican Radio/VIS) A press conference was held in the Holy See Press Office on Wednesday to present the upcoming exhibition of the Holy Shroud of Turin (Turin, 19 April – 24 June 2015), on the occasion of the second centenary of the birth of St. John Bosco, which will be specially dedicated to the young and to those who suffer. The Pope will also make a pilgrimage to Turin from 21 to 22 June. The…Continue Reading

Pope calls for renewed prayers for Synod on the Family

(Vatican Radio) At a rain-soaked General Audience on Wednesday, Pope Francis called for renewed prayers for the upcoming Synod of Bishops in the Family. After meeting briefly with a group of sick people gathered in the Paul VI Hall, Pope Francis greeted pilgrims in Saint Peter’s Square. The Pope began his reflection by noting that March 25th, the Solemnity of the Annunciation, marks a special stage in the journey of catechesis on the family, a…Continue Reading

How Far Can One Sink?

By DONALD DeMARCO “With [Premier] Wynne’s sex education curriculum, we have at last splashed down in a miasmal sewer in which it’s hard to sink any further.” So writes Harley Price, who has taught philosophy at a number of prestigious universities. Many, including outraged parents and indignant members of the medical establishment, agree with him.…Continue Reading

A Book Review . . . A Spiritually Sound Approach To Depression

By DONAL ANTHONY FOLEY The Catholic Guide to Depression, by Aaron Kheriaty, MD, with Fr. John Cihak (Sophia Institute Press, 228 pages). Visit www.sophiainstitute.com or call 1-800-888-9344 for more information or for ordering. + + + This book has a lengthy introduction, and is then divided into two parts. The first is entitled “Understanding Depression,”…Continue Reading

What If Hillary Doesn’t Care?

By ANDREW P. NAPOLITANO What if Hillary Clinton’s emails were hacked by foreign agents when she was the secretary of state? What if persons claiming to have done so are boasting about their alleged feats on Internet websites and in chat rooms traditionally associated with illegal or undercover activities? What if this is the sore…Continue Reading

In Defense Of Economic Freedom

By JOHN YOUNG I believe in complete economic freedom. An extreme position, it will be said, and one not only against Catholic social teaching, but also against common sense. It implies, surely, that I have a heartless disregard for the vulnerable, or at least a naive trust in capitalism — the unrestrained capitalism that Pope…Continue Reading

Some Thoughts About Catholic Care Homes . . . The Old, Weak, And Suffering Are In The Forefront Of Our Spiritual Battle

By PHILIP TROWER (Editor’s Note: Philip Trower, The Wanderer’s longtime correspondent from the United Kingdom, recently moved into a care home. The home’s superior, Sr. Hannah, asked him to write about why he chose to move into Nazareth House. Below is his letter to her.) + + + Dear Sr. Hannah, As I understand it,…Continue Reading

The Wanderer Interviews His Eminence Raymond Cardinal Burke . . .

burk10

By DON FIER Part 1 (Editor’s Note: Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta, who previously served as Prefect of the Supreme Tribunal of the Apostolic Signatura in Rome from June 2008 until November 2014, recently visited the Shrine of Our Lady of Guadalupe in La Crosse, Wis. Prior to that he served as Archbishop…Continue Reading

Advertisement

Message From Cardinal Burke

Our Catholic Faith (Section B of print edition)

Divine Revelation: Gradual And Progressive

By DON FIER We left off last week reflecting on God’s motive for revealing Himself to us in a supernatural manner. In a word, His sole motive was that of boundless love for mankind. God gratuitously and unconditionally chose to “communicate His own divine life to the men He freely created, in order to adopt them as His sons in…Continue Reading

Catholic Replies

Editor’s Note: As readers of this column know, we like to quote Fr. George Rutler from time to time because his weekly bulletin columns at the Church of St. Michael in New York City are sources of both information and inspiration. After starting his March 22 column by noting that history is “replete with the failures of famous figures,” such…Continue Reading

We Have Been Raised With Christ

By FR. ROBERT ALTIER Easter Sunday (YR B) Readings: Acts 10:34a, 37-43 Col. 3:1-4 John 20:1-9 In the Gospel reading today, we hear about Peter and John entering the Lord’s grave after they had been informed by St. Mary Magdalen that Jesus had been taken away. We are told that when the Beloved Disciple saw the burial cloths there and…Continue Reading

Nothing To Toast Between China And The Vatican

By FR. BERNARDO CERVELLERA (Editor’s Note: Fr. Bernardo Cervellera is a member of PIME [Pontificio Istituto Missioni Estere], a society of apostolic life. He is the editor-in-chief of AsiaNews, a news service of PIME. (In the essay below, Fr. Cervellera noted China’s willingness, at least in words, “to enter into dialogue with the Vatican,” but decried its refusal “to compromise…Continue Reading

A Leaven In The World… Why My Parish Is Facing “East” Together This Lent

By FR. KEVIN M. CUSICK The futile closed circle of therapeutic naval-gazing hangs on like an overused joke in a few places still, one of them being the Church. The priest and people facing each other during the entire liturgy is a vestige of the illegitimate seizure and subjection of 2,000-year-old liturgical development by primitivist vandals in the post-Vatican period.…Continue Reading

Catholic Heroes . . . St. Faustina And Divine Mercy

By CAROLE BRESLIN The Divine Mercy Chaplet had never been one of my favorite devotions until my aunt died. As she lay in the hospital during her final hours, I sat in the room, visiting with the endless stream of visitors who stopped in to see their fellow volunteer. By six o’clock, the room was quiet. I decided to read…Continue Reading

Catholic Heroes . . . St. John Of God

By CAROLE BRESLIN In our time, it is common to hear parents bemoan the fact that their child is impulsive, or strong-willed, or irresponsible. Even the Holy Family suffered when our Lord, at the age of twelve, stayed behind in the Temple. How Mary and Joseph must have agonized over the missing Child Jesus. How do you tell God you…Continue Reading