It is a perception that, despite Roberts’s zealous labors, the court could soon reinforce, at least on the left. “A 5-to-4 decision invalidating the premium tax credits” in King v. Burwell “would seriously call into question the legitimacy of the court,” Tim Jost, a Washington and Lee University law professor and health-care expert, said in a video distributed by the liberal Center for American Progress. “I think it’s going to be [decided] pretty transparently for political reasons.”
If the ACA case on the tax subsidies isn't decided 9-0 it will be a blow to the Supreme Court's legitimacy. If the decision is 5-4, it will be disgraceful. The law is explicit and leaves no room for interpretation considering the crafters of the law made contemporaneous statements supporting a plain reading of the law. It doesn't matter that it totally screws up the program and creates a potential crisis. Ruling against the Obama Administration is not making a political statement about the ACA. What a 9-0 decision does, and why the Court should rule unanimously, is to send a very clear message to Congress that when it writes a massive new law, it better read the bill before passing it. SCOTUS must rebuke the Congress for its obvious legislative incompetence.
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