The Supreme Court’s rule by talking points

By Neomi Rao

Published July 7, 2015 4:01am ET

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The Supreme Court’s rule by talking points — Supreme Court Chief Justice John Roberts, left, and Associate Justice Anthony Kennedy, right, talk with President Barack Obama before he delivers the State of the Union address to a joint session of Congress in the House Chamber at the U.S. Capitol on January 28, 2014 in Washington, D.C. (Photo by Chip Somodevilla/Getty Images) | Chip Somodevilla

In the United States, we frequently reaffirm that we have a government ruled by laws, not men. The Supreme Court recently suggested a third possibility — rule by talking points.

In deciding two pivotal cases concerning the Affordable Care Act and the Fair Housing Act, the Court interpreted these laws according to the rhetoric surrounding them, rather than the rules that Congress actually enacted.

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