“The Court should rule that the law means what it says “. . . by the States.” And then they 5-4 majority should say that because it is so unfair and treats persons in the States so differently, that the entire Act is unconstitutional and can’t be fixed.
Oldplayer”
That would be a most logical position to take given the Equal standing requirement of the Federal Constitution. That said Washington’s hand picked employees in black robes rarely pass up a chance to write new law from the bench.
It seems unlikely that they would pass up the chance here to modify the faulty act, than actually uphold the Federal constitutional requirement that acts of congress treat all states uniformly.
they could rule exchanges illegal and make them all federal.