Eh, he doesn’t even have to declare the federal government to be a “state.” All he has to do is say that the omission of Federally-created exchanges from the section dealing with subsidies was a “scriveners error.”
(Frankly, that’s exactly what I think he’ll do, if SCOTUS even takse the case - if he had any interest in striking down Obamacare, he would have done so in the previous case)
That doesn't fly at all. It was not accidental omission. The language was clearly written to punish states which didn't get on board. It was specifically included on multiple versions.