Justice Scalia Sees His Own Dissent Used Against Him in Supreme Court’s Obamacare Decision

justice-antonin-scaliaAs most of us know by now, the Affordable Care Act scored a huge victory on Thursday when the Supreme Court ruled in favor of President Obama’s health care law in a 6-3 decision.


I’ll be honest, heading into this decision I had no clue how the court was going to rule. This had been potentially the biggest threat to the ACA since its inception. Even though Republicans haven’t been able to repeal the law, and the court ruled in favor of the ACA back in 2012, if this case had gone against the health care law that would have effectively put an end to “Obamacare.” That would have also meant that millions of Americans would have lost their health insurance.

In fact, the uncertainty of this ruling had put Republicans in quite a predicament. While they’ve clearly been trying to find any way possible to sabotage this law, they also realized that if millions of Americans suddenly lost their insurance, they were going to be the ones who were ultimately blamed. That’s why there was talk that, had the subsidies been struck down, congressional Republicans were going to try to pass an extension through to 2016 to essentially save their own asses. You see, the last thing Republicans wanted heading into a presidential election year was millions of Americans blaming them for losing their insurance.

Thankfully we don’t have to worry about any of that happening since the Supreme Court ruled in favor of the ACA. And while there are other cases working their way up through the judicial ranks, none of them are as potentially impactful as the King v. Burwell case.

Now, besides the genuine surprise that the ruling was 6-3 as opposed to the usual “5-4” decisions we’re often used to seeing, what I found most interesting is that one of the dissenters, Justice Antonin Scalia, had his own words used against him by Chief Justice Roberts.


Back in 2012, part of Scalia’s dissent against the original ruling on the Affordable Care Act stated:

Without the federal subsidies, the exchanges would not operate as Congress intended and may not operate at all.

In other words, Scalia admitted back in 2012 that if the subsidies didn’t exist then the law would essentially be useless – which is interesting considering he ruled against the very same subsidies in the King v. Burwell case. Scalia’s dissent on Thursday was a blatant contradiction to his 2012 remarks. Then again, I think most of us know Scalia is just a partisan, biased babbling idiot who has absolutely no business being on the Supreme Court. The day he’s no longer one of our nine justices will be a day of celebration.

We’ll probably never know if Roberts including Scalia’s 2012 remarks was meant as a jab toward the fellow Supreme Court Justice, but I do think it’s hilarious that on one of the biggest court cases in years, one of the biggest blowhards on our Supreme Court has been embarrassed publicly by having his own words used against him in support of a case he voted against.



Allen Clifton

Allen Clifton is a native Texan who now lives in the Austin area. He has a degree in Political Science from Sam Houston State University. Allen is a co-founder of Forward Progressives and creator of the popular Right Off A Cliff column and Facebook page. Be sure to follow Allen on Twitter and Facebook, and subscribe to his channel on YouTube as well.

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  • R. Eilers

    Scalia’s senility is setting in. He will be forced out when he keeps saying stupid stuff

    • rossbro

      They either quit or die.

    • jeannemartin

      Your senility must be setting in too with all the stupid stuff you say!
      Obamacare is doomed and will go down of its own accord!
      When Obama is gone there will be no support or money for it and its high premiums will be devastating to the law!
      It needs to be repealed and replaced with good, affordable health care which is approved by both parties and not introduced behind closed doors by a lying president who has only his well being and legacy in mind and not the will and approval of the American people!!!

      • R. Eilers

        Lol, you brainwashed foxbot fucked in the head stalker, Obamacare will be the next social security. Almost already is. Don’t you get tired of losing my favorite cocksucking whore? The retardican party doesn’t have even one accomplishment in the last 50 years yet you follow the fascist party because your stupid parents did and you don’t even know why.

      • Projectile Vomit

        You angry bro?LOL.

      • R. Eilers

        Just stalking back my stalker, sorry for the offensive language

      • jeannemartin

        Sorry for the offensive language?!?!?! Are you kidding! That is the only way you know how to communicate! You are not smart enough to talk intelligently! Poor soul!!!

  • joe sanford

    Can you imagine anyone from the clown car having the opportunity to appoint two or more justices?

  • Projectile Vomit

    Just gotta keep control of Congress for 2 more years and get a Republican president and we can repeal that silly ACA that is bankrupting those of us who don’t get subsidies.