There is nothing ambiguous about it. It plainly says State Exchanges are the ones that can provide the subsidies. And Gruber’s videotapes plainly reveal that that was their intent.
They will rule that the word “state” means the federal government.
Senate deliberations clearly show that the public option was dropped from the bill to appease some Senators in order to get the bill passed. The House wanted it, but was forced to accept the Senate bill without it or get nothing at all.
Not only would it be revisionist history to suggest that it was always meant to be there, it would also codify bad-faith negotiating if Democrats think they can say anything now to get a bill passed, just to have the court give them what they really wanted all along later, after the bill is passed under false pretenses.
-PJ
Doesn’t matter. Roberts rewrote the law once, so there is no reason he couldn’t do it again.