The plaintiffs in the case
argue the way the law was written does not allow for subsidies to be
provided by the federal government, pointing to a statute that says
subsidies should be issued to plans purchased "through an Exchange established by the State under Section 1311"
of the Affordable Care Act. Section 1311 establishes the state-run
exchanges. But plaintiffs say the law does not permit subsidies in
federal exchanges, according to Section 1321 of the law.
All they needed was to cut the "by the State" part of that sentence and they would have been in the clear. Instead they might get a major part of the bill thrown out.
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