Oklahoma Solicitor General Patrick Wyrick says King vs. Burwell is a simple case. “King v. Burwell presents a straightforward question of statutory interpretation, the sort judges decide routinely and readily. The case is a symposium-worthy blockbuster not because of the question presented, but because of the statutory vehicle that delivered us that question,” Wyrick says.
But because this case is about the Affordable Care Act, Wyrick sees it being transformed into a more complicated and partisan case than it should be. “A false narrative is being created: that resolution of the case in the challengers’ favor would require the abandonment of all basic principles of textualism. This way, a loss can be blamed on politics, rather than on the true culprit: the IRS’s decision to execute the law it wishes Congress had enacted, rather the law Congress actually enacted,” Wyrick says. A decision on King vs. Burwell could come as early as Friday morning.
The second major case is Obergefell vs. Hodges. This is the same-sex marriage case. It will rule as to whether the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and does it require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? Oral arguments were presented before the court April 28th for 2 ½ hours. Justice Kennedy appears to be the swing vote again. A decision is expected as early as Friday.
If same-sex marriage is ruled to be the law of the law, it will attempt to define something God has already defined. In the Garden of Eden, it was Adam and Eve, not Adam and Steve. No matter what nine black robed judges say marriage is between one man and one woman and no Supreme Court ruling will change that.