# Halbig v. Burwell ruling against Obamacare subsides

**URL:** <https://boards.straightdope.com/t/halbig-v-burwell-ruling-against-obamacare-subsides/693740>\
**Category:** Great Debates\
**Created:** [July 22, 2014, 2:42pm UTC](https://boards.straightdope.com/t/halbig-v-burwell-ruling-against-obamacare-subsides/693740 "2014-07-22T14:42:40Z")\
**Posts on this page:** 1\
**Showing post:** 179

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 27, 2014, 7:47pm UTC](https://boards.straightdope.com/t/halbig-v-burwell-ruling-against-obamacare-subsides/693740/179 "2014-07-27T19:47:44Z")

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> [@Lobohan](#):
>
> I wonder if you would be as sure if you didn’t loathe the ACA.
> 
> It is rather fortunate that you have rock solid certitude and it just so happens to comport nicely with a partisan ideological dislike of the law.

Indeed.

But how do you explain my reaction here when the Sixth Circuit upheld the individual mandate?

> [@6th Circuit Court of Appeals upholds Affordable Care Act](https://boards.straightdope.com/t/6th-circuit-court-of-appeals-upholds-affordable-care-act/587331/2):
>
> Well, it’s more _stare decisis_ than judicial restraint in general, but I agree that this is the correct result legally. I think the Affordable Care Act is poor public policy, and I think the best construction of the constitution would deny Congress the power to pass it… but I also think that issue was decided against me sixty years ago. Today, the correct answer is the one the Sixth Circuit came up with.

In other words, I argue from principle, rather than from partisan position. You’re correct to say that I have always had a dislike of the law, as that post shows. But I also immediately agreed (even before the court challenges) that the individual mandate was Constitutional, even though I could have easily claimed “rock solid certitude” for the opposite position. Indeed, the SCOTUS decision was 5-4.

So there’s a time-stamped, dated proof of me taking a constitutional interpretation position than ran counter to my ideological position.

Something you never do, by the way. Never. All your positions just happen to run with your political goals.

That’s not how I roll.

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