Samuel Alito in U.S. News and World Report

On Health Care: Concurs that ObamaCare "state exchanges" cannot be federal

In dissenting, Justice Antonin Scalia-- joined by Justices Samuel Alito and Clarence Thomas--said the majority erred in reading the law's language describing an "Exchange established by the State" to mean "Exchanges established by the State or the Federal Government."

"That is of course quite absurd, and the Court's 21 pages of explanation make it no less so," Scalia wrote in his own 21-page opinion. "Words no longer have meaning if an Exchange that is not established by a State is 'established by the State,'" he said. "It is hard to come up with a clearer way to limit tax credits to state Exchanges than to use the words 'established by the State.' It is hard to come up with a reason to include the words 'by the State' other than the purpose of limiting credits to state Exchanges."