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- #41
there is absolutely no indication in the entire bill, nor from the governors that went with the federal exchange, that subsidies would not be given if these people bought through the federal exchange....period.
that's all that matters, the people who voted for it and passed it, did not think subsidies through the States who chose the federal exchange would not offer subsidies, the governors of the states who went with a federal exchange did not know it, the law itself in every aspect relies on these states using the federal exchange and getting subsidies.
don't think this case is that hard of a case for the SC to decided. From the link above:
Q. ...Has the administration given up?
A. No. The administration says the law's own "text, structure, design and history" refute the other side's arguments. Attempting to divine the meaning of four words in isolation from the rest of massive law is foolhardy, the Justice Department says. Several portions of the law indicate that consumers can claim tax credits no matter where they live, and that a central purpose of the law was to make health care affordable to all Americans. No member of Congress indicated that subsidies would be limited, and several states argue in a separate brief to the court that they had no inkling they had to set up their own exchange for their residents to get tax credits. The administration also says it is nonsensical to think Congress would have set such a "self-defeating scheme." The only possible reading of the law allows subsidies nationwide, the administration says.
" They will also be able to impose higher or state-specific coverage requirements—including whether plans offered in the state are prohibited from covering abortion (making the procedure an out-of-pocket expense) or mandated to cover abortions that a physician determines is medically necessary; in either case, federal subsidies are prohibited from being used to fund the procedure.[175][176] If a state does not set up an exchange itself, they lose that discretion, and the responsibility to set up exchanges for such states defaults to the federal government, whereby theDepartment of Health and Human Services assumes the authority and legal obligation to operate all functions in these federally facilitated exchanges.[173]"
Patient Protection and Affordable Care Act - Wikipedia the free encyclopedia