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I see what you're saying, and sometimes it happens that way, like Roberts overlooking the discrepancy between tax and penalty in the Affordable Care Act. Writi
by Steel_Phoenix 8y ago
I see what you're saying, and sometimes it happens that way, like Roberts overlooking the discrepancy between tax and penalty in the Affordable Care Act.
Writing sloppy laws is like writing sloppy code, it catches up with you, and is tougher to fix the deeper it is. I wouldn't hire someone to write software who said, "Look, I think this code was written poorly, but I think that this part of the code could have been written just fine, so I'm going to just go with that"
There is a difference between interpreting what the law would have intended where an unforseen circumstance arises, and just reinterpreting it as fine even though it has overstepped the authority. In this case, federal power was overstepped in telling the states how to legislate.