Rest in peace, whatever was left of respect for the law in the United States. The Affordable Care Act (Obamacare) clearly states that federal subsidies for lower-income insurance buyers will be available only “through an Exchange established by the State under section 1311 of the Patient Protection and Affordable Care Act.” It is also clear from the legislative history that Congress intended to provide states an incentive to establish their own exchanges rather than rely on a federally established exchange. This exact language is repeated nine times in the law. However, 34 states did not establish their own exchange. Their exchanges were established by the federal government. This should have made those states ineligible for federal subsidies, but the IRS issued regulations contrary to this provision that allowed subsidies in the 34 states. This provoked a court challenge, King v. Burwell, that went to the Supreme Court.

Today, the…

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