As far as this issue...
we had A LOT of threads on Obamacare when this bill was about to go to a vote....maybe hundreds of threads, AND NOT ONCE was there a thread talking about states who did not create their own exchange, and using the federal exchange, NOT being eligible for subsidies....NOT ONCE!
So NO ONE, thought that the ACA legislation, including all of the States given the choice of their own or using the federal exchange knew or even thought that the subsidies would not be paid if a federal exchange was used.
If the governors knew this, when they had to make their decision on whether to create their own exchange or not, NONE of that made the media or on any threads here on this site.... and this was not part of their decision making process....
What was talked about in various threads, was States that chose not to expand medicaid....their citizens funding through their taxes, the medicaid expansions of the states that chose to expand medicaid...WHILE NOT getting the benefit in their own State....
So, every congress critter and senate critters that made this bill law by voting in favor, DID NOT KNOW the federal exchange would not subsidize the citizens of each state either. There were no debates on the congressional floor or senate floor, from either side on this issue....
The people executing the law, and setting up the exchange did not know it either....
All the people at the IRS, developing the tax regulations on this also believed subsidies were given on the federal exchange.
The CBO, also scored the cost of o-care with the federal exchange subsidies being paid.
ALL of these different groups thought the federal exchanges in different states covered subsidies....
I truly don't see how the supreme court could rule in any other way, but with o-care and subsidies....the INTENT of the law, was to have them on federal exchanges.... it is MORE THAN EVIDENT.