It could. But then Congress could just rule that the Federal exchanges can give the subsidies. Or perhaps another executive order would do the same. Even the head of HHS has the power, I believe, to change the wording of the law as she sees fit
Even the head of HHS has the power, I believe, to change the wording of the law as she sees fit
Forbes contributor Jeffrey Dorman notes that a recent ruling in a case involving the Environmental Protection Agency could make it harder for Roberts to conclude that he has that wiggle room.
“The power of executing the laws necessarily includes both authority and responsibility to resolve some questions left open by Congress that arise during the law’s administration. But it does not include a power to revise clear statutory terms that turn out not to work in practice,” Justice Antonin Scalia wrote in an opinion that Roberts joined in full.