Jim's Blog

Congressman Jim Bridenstine Joins the Dissent on SCOTUS Obamacare Subsidies

Posted by on June 25, 2015 | comments
f t # e

Despite the Supreme Court's decision, Obamacare is still the number one job killer in America and responsible for the massive increases in insurance premiums. I am committed to repealing Obamacare – every single word – and replacing it with a system which empowers states and individuals to have the freedom and flexibility to make their own health care decisions.       

The important facts in the healthcare debate are:

  • Health insurance costs are up because of Obamacare – regardless of subsidies.
  • Only 13% of Oklahomans receive the subsidies.  Many of them would prefer to have their previous, lower cost plans and forget subsidies.
  • Requested rate increases for 2016 are as high as 44% for ACA-compliant plans available in Oklahoma.  (LINK)

These facts stand regardless of today’s Supreme Court decision. 

I have to agree with the dissenting opinion:
“The Court holds that when the Patient Protection and Affordable Care Act says ‘Exchange established by the State’ it means ‘Exchange established by the State or the Federal Government.’ That is of course quite absurd, and the Court’s 21 pages of explanation make it no less so.”
The dissent was written by Justice Scalia with concurrence of Justices Thomas and Alito.


Justice Roberts, writing in the syllabus (headnote) explaining the decision, observed that the Affordable Care Act “contains more than a few examples of inartful drafting.”  Remarkably, he says this “statutory scheme compels the Court to reject the petitioners’ interpretation because it … is implausible that Congress meant the Act to operate in this manner.”  In the words of the dissent, the Court did “whatever it takes to uphold and assist its favorites.”  In other words, the Court ruled not on the basis of law but instead to secure the political outcome desired.


The Supreme Court’s actions to again defend and correct this flawed legislation take judicial activism to an entirely new level.  It is time for Congress to act to effectively repeal Obamacare, starting with repeal of the individual mandate and the employer mandate.  Congress should protect the American people against this bad law.

Tags: Obamacare
f t # e