[guest post by Dana]
This morning, Patterico posted on the decision in the Halbig case and legislative “intent” versus the plainly clear language of a law:
The decision should drive a stake through the heart of the dangerous philosophy that legislative “intent” can and should trump the clear language of a law. This has always been a tactic of the left. You can’t discern an “intent” from a law cobbled together by hundreds of people with differing opinions — except by reading the words that they ultimately produced. Period. Full stop.
As expected, the White House begs to disagree:
JOSH EARNEST: What I do anticipate, the Department of Justice will do, is they will ask for a ruling from the full D.C. Circuit. as you know, this was a decision that was issued just by three members of the D.C. Circuit. Two of whom ruled against the federal government and one agreed with the government’s position. Now, it’s important for people also to understand that some of the district courts that have thrown out the case have been decided by judges who use some pretty strong rhetoric in doing so. There’s a judge in this case, at the district level, who said there’s no evidence in the statute itself orn (sic) the legislative history of any intent by Congress to support the claims that are made by the plaintiff. In another case that was making the same legal argument, a judge wrote that the theory propounded by the plaintiffs was, quote, not a viable theory. The last thing that is important, and this is — there’s a lot of high-minded case law that is applied here. There’s also an element of common sense that should be applied as well. You don’t need a fancy legal degree to understand that Congress intended for every eligible American to have access to tax credits that would lower their health care costs regardless of whether it was state officials or federal officials who are running the marketplace. I think that’s a pretty clear intent of the Congressional law. This will work the way through the legal process, and we’re confident in the legal case that the Department of Justice will be making.
FOLLOWUP QUESTION: Obviously, as these cases work through the legal system, there could end up being a practical impact on people who are receiving subsidizes. Can the health care law work effectively and continue to, as you say, be affordable for Americans without the subsidizes being available in all states?
EARNEST: We are confident in the legal position we have.
QUESTION: If that the legal position no longer becomes tenable, can the law work if these subsidies are not widely available?
EARNEST: That is a hypothetical that we will maybe entertain at some point.
Video at the link.