[Hardens Hollow]

“I don’t think the King decision will turn on constitutional grounds. Looks like statutory interpretation to me.”

oh, so congress just needs to pass a law with the correct average then (including ‘state OR federal exchange’)

[semimojo]

oh, so congress just needs to pass a law with the correct average then (including ‘state OR federal exchange’)

Congress could certainly do that and "fix" the problem (although I think the odds of them doing that are slim), and some are speculating that Kennedy will use this exact reasoning to strike down the ACA. Why should the court get involved when congress could fix the problem they created in the first place?