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Off the Record

Greta: My prediction on how the Supreme Court will rule on ObamaCare

By Greta Van Susteren

Let's all go "Off the Record." Now, I can't jump into people's heads, but I will do something I never do and that's predict how the Supreme Court will rule in the ObamaCare case, King vs. Burwell. 

First, some Law 101. When two parties dispute a statute, as in this case, ObamaCare, the court must decide who is right. The court first looks at the plain wording of the statute. If it is plains, that's the end of it - - the court rules on the plain words. If the wording though is somehow confusing and ambiguous, the court then goes beyond the words to decide the case. 

What did the lawmakers intend when they wrote the confusing words? So now, the ObamaCare statute and the words. It says people are eligible for subsidies if they obtain health coverage "through an exchange established by the state." 

Now, that's plain. To get a subsidy, you have to be in one of the states that sets up an exchange, not in the other 34 states that rely on the federal exchange. 

So, I think the Supreme Court will rule against President Obama. That means millions of Americans could lose their health insurance, which brings me to this: Neither the president nor Congress has a viable Plan B.  Now that's irresponsible and it's mean. It scares lots of people. They better be ready to fix this. They made this mess. 

That's my "Off the Record" comment tonight.