Supreme Court Precedent: Laws are Living and Breathing Suggestions

A couple of months ago, I wrote that a rogue ruling by the Supreme Court on King v. Burwell would be Venezuelan.  By that, I meant, federal bureaucracies would have the ability to disregard statutory limitations Congress had written in the law by interpreting or creating rules and regulations contrary to intent and context. 

Now that the Supreme Court has ruled in favor of the Obama administration, a precedent has been set whereas a bureaucracy can turn a law into a living and breathing suggestion.  Well, now others are amplifying my concerns.  Here is an excerpt from Civitas:

It would seem that the Court, before ever taking up the case, decided that it would find a way to uphold the Affordable Care Act. In doing so, it has handed administrative agencies a powerful new tool. For years to come, agencies will argue in federal courts throughout the nation that they have discretion to do as they please, all due to the fact that their actions affect questions of “economic and political significance” as stated in King v. Burwell. The Court has left its subordinate tribunals with the task of determining when an issue is of such “significance” that administrative agencies should have unfettered discretion to ignore the limitations of Congress and instead unilaterally implement the policy preferences of the Executive.

The EPA recently bragged that their rules and regulations could stand any president that resides in the White House.  In other words, they answer to no one.  The Supreme Court’s ruling on King v. Burwell brings us closer to a rogue administrative state.

Source:

http://www.nccivitas.org/2015/court-decision-could-shake-law-for-decades/?utm_source=iContact&utm_medium=email&utm_campaign=Civitas%20Institute%20Newsletter&utm_content=Newsletter+7.1.15

http://costonscomplaint.blogspot.com/2015/01/king-vs-burwell-precedent-that-could-be.html