“The four corners rule applies.” A contract, which essentially the scheme is, is interpreted by the plain meaning of the words within those four corners of the Pages. Write it such a way to try to force or intimidate States into setting up exchanges, and they choose not to play, the authors of Obamacare are stuck with what they wrote. The word “state” is not ambiguous.
Obama wants to change the rules because his bluff failed. No, never. Supporters of Obamacare will be in a difficult position of finding examples of the Feds calling themselves “the State.” The words used by them are “Federal Government.” The Feds always refer to themselves as the Federal Government.
Good analysis, Sasparilla.