People who signed up on the federal site, healthcare.gov, may not be eligible for subsidies. That's the premise of Halbig v Sebelius, a case currently at the DC Circuit Court of Appeals, and likely headed for the SCOTUS. If the plaintiffs are successful it could end subsidies for everyone who didn't sign up on a state exchange. The only mention I could find here at DKOS, regarding this case, was a reference in a front page post by Jon Perr who provided this link:
http://www.newrepublic.com/...
The actual text of the ACA bill is very clear on this issue. It states, nine times, that subsidies are only authorized "through an Exchange established by the State". The IRS has ruled that people who enroll through any exchange, including healthcare.gov, qualify for subsidies and the IRS decision was affirmed at the trial court level. Here is a summary of the trial court ruling by one of its most vocal critics.
http://www.washingtonpost.com/...
The ruling was appealed and the case was recently heard by the DC Circuit Court of Appeals. Regardless of the decision of the DC Appeals Court, in my view this case is headed for the SCOTUS next term. Here is another summary of issues in the case:
http://www.forbes.com/...
The black letter law here is not favorable to the ACA, or those who signed up at healthcare.gov, but that does not mean that the Appeals Court or the SCOTUS will invalidate the subsidies. However, it would not surprise me to see the IRS' ruling overturned with the advice from the Court that this is something that would be an easy fix for Congress, and that is where this issue should be resolved rather than by judges. If this case goes to the SCOTUS it would give the Chief Justice, John Roberts, a second bite at the ACA apple. After providing the swing vote regarding the constitutionality of the ACA law, much to the disappointment of conservatives on and off the Court, Roberts could hobble the ACA with a swing vote against subsidies available on healthcare.gov. Here is another summary written after oral argument at the DC Circuit Court of Appeals.
http://www.bloomberg.com/...