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

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  •  Here you go (1+ / 0-)
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    coffeetalk

    http://www.law.cornell.edu/...

    Relevant portion (they call it a premium assistance amount, not subsidy)

    "(2) Premium assistance amount
    The premium assistance amount determined under this subsection with respect to any coverage month is the amount equal to the lesser of—
    (A) the monthly premiums for such month for 1 or more qualified health plans offered in the individual market within a State which cover the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section 152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311 [1] of the Patient Protection and Affordable Care Act"

    The federal exchanges were not established by a state.  Under the plain text of the statute, the subsides should not be available to those who bought on federal exchanges.  As stated above, the government is essentially asking the courts to ignore what the law says and allow subsidies on federal exchanges as well for policy reasons.  

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