Good catch, freespirit2012. Thank you for cross referencing to me.
I went back and re-read the original district court opinion and was taken by the dearth of legislative history due to Congress using the reconciliation process, instead of committee hearings. Despite that, the trial judge “assumed” what the history should have been.
yea.. and another thing I have not seen many people talking about, is that if the subsidies are not available then the mandate is not enforceable in those states for the large majority of people because it is no longer affordable under the statute. If it is not longer affordable then there is no longer the requirement to purchase insurance.