“This what we have to do to save the ACA!”
The sum of the opinion...
Orwellian doublespeak:
(b) When read in context, the phrase an Exchange established by the State under [42 U. S. C. §18031] is properly viewed as ambiguous. The phrase may be limited in its reach to State Exchanges. But it could also refer to all Exchangesboth State and Federalfor purposes of the tax credits. If a State chooses not to follow the directive in Section 18031 to establish an Exchange, the Act tells the Secretary of Health and Human Services to establish such Exchange. §18041. And by using the words such Exchange, the Act indicates that State and Federal Exchanges should be the same. But State and Federal Exchanges would differ in a fundamental way if tax credits were available only on State Exchangesone type of Exchange would help make insurance more affordable by providing billions of dollars to the States citizens; the other type of Exchange would not. Several other provisions in the Acte.g., Section 18031(i)(3)(B)s requirement that all Exchanges create outreach programs to distribute fair and impartial information concerning . . . the availability of premium tax credits under section 36Bwould make little sense if tax credits were not available on Federal Exchanges.
The argument that the phrase established by the State would be superfluous if Congress meant to extend tax credits to both State and Federal Exchanges is unpersuasive. This Courts preference for avoiding surplusage constructions is not absolute. Lamie v. United States Trustee, 540 U. S. 526, 536. And rigorous application of that canon does not seem a particularly useful guide to a fair construction of the Affordable Care Act, which contains more than a few examples of inartful drafting. The Court nevertheless must do its best, bearing in mind the fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme. Utility Air Regulatory Group v. EPA, 573 U. S. ___, ___. Pp. 915