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View Diary: Split federal appeals judges hear arguments on Obamacare subsidies (64 comments)

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  •  Is this in the statute somewhere? (1+ / 0-)
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    VClib
    It is a drafting flaw in the statute but the easy answer is that the federal exchange serves as the state exchange for some states.
    A court can't just make us something like that.  The statute, as I recall, clearly distinguishes between federal and state exchanges.  Is there somewhere in the statute where Congress said that, if a state does not establish an exchange, all of the provisions for a state exchange apply to the federal exchange?  

    Language like that would (if it exists) have made this whole lawsuit moot.  

    If the law does not contain a provision like that somewhere, that's problematic.  The Court can't write that into the law.  

    •  Yeah, and as for the people who will end (0+ / 0-)

      up on the street trying to pay back those subsidies with interest and penalties I guess it just sucks to be them.  After all, by law they can take everything except ~$400-$500 a month and good luck find any place to live on that amount.

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Wed Mar 26, 2014 at 05:41:48 PM PDT

      [ Parent ]

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