The drafters of this legislation intended the provision at issue to be a stick to encourage the states to develop their own marketplaces. The law was specifically designed to do the opposite of what SCOTUS decided today.
I completely understand that. That’s not what is at issue. What is at issue is that the GOPe can now “campaign” against Obamacare (”we’ll repeal and replace,” which is the stupid phrase) and make base voters think they’re serious, while it’s clear to their donors they aren’t doing any such thing. They get the best of both worlds.