Supreme Court Obamacare rulingwill have broad impact on lawsuits
The Supreme Court’s ruling on the subsidies for Obamacare has the potential to carry much further into our society than just health care. Think about it. The justices made a ruling on intent and in so doing threw out the foundations of contract law.
As long as I can remember the rule we all went by is “if it isn’t in writing it isn’t.” Contract law was very specific, words, punctuation, phrases everything written and only what was written meant something. Intent had no role in the interpretation of a contract. Now, I can’t help but wonder how many lawsuits will be re-opened based on the premise of “that wasn’t what I meant.”
People are narrowly focused on the subsidies that were the focus of the ruling. They are not, yet, seeing the broader impact to our judicial system. In ignoring the most basic tenets of contract law, the Supreme Court has invalidated their role and purpose. They gave up interpreting the law and have entered a new arena of making law.