Wednesday, May 27, 2015

Obamacare's Intent? Just Read the Law

Megan McArdle reports:
The Supreme Court isn't much interested in post-hoc statements of legislative intent. As Justice Antonin Scalia wrote in Pittston Coal Group v. Sebben: "Since such statements cannot possibly have informed the vote of the legislators who earlier enacted the law, there is no more basis for considering them than there is to conduct post-enactment polls of the original legislators."

This strikes a lot of people as crazy, including, obviously, many reporters. I mean, you have the legislators and staffers right there! Why not just ask them what they meant, rather than trying to puzzle it out from the statutory language?

Actually, this is not crazy, but very wise. Memory is incredibly fallible, especially about stuff you're highly motivated to believe.
Just a reminder.