So I expect that the counterargument will be that there ARE state exchanges. 50 of them (plus DC, etc). Some are run by the FedGov, others by the states. But while there is healthcare.gov it’s just a portal and not a consolidated Federal Exchange.
If I read those sections of law correctly, then Obamacare spent talk about a common Federal exchange, but does differentiate between state run state exchanges and federally run state exchanges. IOW the system that currently exists.
Which means that this professor actually has a point. And a damn good one ...
I’m still studying it.
I’m beginning to think that the “law” is a program... an algorithm. What triggered this thought is Sec 1311(f)1 discussing “interstate exchanges”. Step 1 of the algorithm is destruction of the current system. This is occurring now. Step 2 is the “evolution” of exchanges to regional/interstate exchanges, to “solve” the problems caused by Step 1. The third and final step being the further evolution to a single national exchange.
Just a suspicion at this point.