“Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.”
This concluding passage of the ACA opinion – the key passage in the whole opinion – cannot be seriously disputed. We hear a lot about the evils of activist courts. It would have been the ultimate in Supreme Court activism to judicially kill what Congress passed and clearly intended. The ACA helped millions of people and will help millions more. It’s a good thing. It’s a good opinion. It’s a good day. Next, marriage equality!