Until this goes all the way to the SCOTUS, nothing is settled.
E X A C T L Y.
True, but the article was more about the political aspect than the legal one.
The question is, when can we expect an en banc ruling? The subsidies aren’t being halted, so there’s no rush from the Dem-dominated DC Circuits perspective.
I’m guessing we don’t see any sort of en banc ruling before the election. Until that ruling hapoens, no one will really care about this particular aspect of Obamacare and it will have faded as an election issue.