My guess is that SCOTUS will rule that excluding people who buy from the federal exchange from getting subsidies violates the equal protection clause of the 14th amendment.
TRANSLATION: Screw the language of the law.
“My guess is that SCOTUS will rule that excluding people who buy from the federal exchange from getting subsidies violates the equal protection clause of the 14th amendment.”
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You do realize that there exist NUMEROUS federal statutes that provide subsidies and benefits to a state’s residents IF the state takes certain action - and precludes those benefits if the state does NOT take the specified action. These statutes and rules have existed for decades without equal protection being effectively raised as an issue.
The incentives in the Affordable Care Act to “incentivize” the states to set up their own exchanges are just one more of this type of statute.