Quest Collaborative Law

Your Quest Is Our Goal

The web presence of Quest Collaborative Law and attorney Christopher L. Seaton, Esq.  All sorts of fun lies herein.  

King v. Burwell: The Supremes Speak on Obamacare again.

King v. Burwell was released today.  Many people are happy with it.  Many are not.  
 

In a 6-3 decision, the Justices voted to uphold the subsidies provided by the Affordable Care Act and use their abilities to say "Our job is to say what the law is, not create new laws through our actions."  They even cited to Marbury v. Madison in the opinion.  

Color me unimpressed.  This is a decision that essentially said "Look, you guys have seriously written a terrible law here, and we know because you forced us to pour over the damn thing for ages.  Now we know that you want this, and the American public wants this, so we'll keep things the way they are for now, but it's probably going to get worse on you if you have this thing on the books, and you need to clean it up.  I'm tired of doing it for you."  Roberts made a good point--the creation of the PPACA was done to better health insurance, not destroy it, and every person who espouses the mantle of "progressivism" is pleased with the utterance of those words.  One site that uses a great deal of vapid clickbait even said this statement "absolutely devastated the arguments against Obamacare."  (Spoiler alert: No it didn't.)  In getting to the point he made, though, the Chief Justice went through some extensive wordsmithing and legal gymnastics to reach the end result necessary, and if you read the opinion it's pretty clear he's stretching thin the justification for keeping the subsidies.  In doing so, yes--he said what the law meant and didn't make a new law--it's just that the rationale by making the word "State" mean "State and Federal" is going to have some serious repercussions down the line I don't think many of the armchair lawyer squad understand.  

Scalia read his dissent from the bench.  As I have come to expect from Scalia, when he speaks he reveals his love of words.  This is a man who has studied the meanings of words, and when he cannot study them enough, he decides to look for other sources that study the words he's studied.  And Scalia, in his usual manner, poignantly noted the death of actual meaning in the law: 

"Words no longer have meaning if an Exchange that is not established by a State is “established by the State.”

Oh how true indeed.  If we can engage in a bit of "jiggery-pokery" to make something that which it is not, then we've managed to eviscerate the English language.  While your argument that "words are relative to context, time and place" sounds nice when engaging in sophistry with your neighbor on Facebook, it doesn't fly in the law.  We have to have very clear meanings of words, defined in ways the average person not wearing a black robe can understand them, then we have no real way for the average person to claim an understanding of what is expected of them, and we don't have a way to engage those with power over our lives and liberties when the time comes for us to use those "rights" we all claim to know and love.  

Words mean things, and just because the High Court decided to engage in an amazing turn of gymnastics over saving a law that could have been declared void for vagueness doesn't change that. 

RIP Buddy Landell

I want to take a moment as an unrepentant wresting fan and remember the "Nature Boy," Buddy Landell, who died this past week.  Landell was a Knoxville legend, and still had a strong presence in the local wrestling industry.  He was considered a legend in Southern wrestling circles, and he could talk up a storm without a second notice.  

I pause to speak specifically of Buddy Landell because of his connection to Freemasonry.  I am a very proud Freemason myself, and want to mention a great moment and connection to Brother Landell that I found out one day during a snowpocalypse session of shoveling snow and ice out of my driveway.  During said incident, I happened to be listening to Colt Cabana's "Art of Wrestling" podcast, which is an excellent resource for people who are interested in hearing about the lives of professional wrestlers and a good look at specifically what makes an "independent wrestler's" life so interesting.  As I listened to Buddy Landell's story, I found myself stop and pause in amusement when he said the following: 

"You know, back in my day, when the business was heavily protected, promos were just guys screaming a lot about how mad they were at other guys.  And I was in this business, and all the boys carried guns.  I know that 'cause I rode with 'em.  And I went through the Masonic Lodge in Knoxville back in the 1980s, and those boys had to take me downstairs and eventually smarten me up to what was gonna happen, 'cause those boys were scared I'd come up swinging." And for all the Masons who hear this, I wanted to say "Brothers, I love you," and they'll know what I'm talking about, and to everyone else it's gonna sound like Greek to them and I'm OK with that."  

Rest in peace, Brother Landell.  You've made it to the Celestial Lodge.  

P: 865-498-9529 F:865-637-8274 E: chris@clsesq.net T: @clsesq