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

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  •  By what alchemy... (2+ / 0-)
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    nextstep, Beelzebubs Brass Bs

    ... does an exchange established by the federal government under 1321 become an "exchange established by the State under 1311?"  Even if you argue that by reference it is authorized by 1311, it is plainly not established by a state-- as the DOJ lawyer was forced to concede at oral argument, it was established by the federal government.  The only hope for the government is for the judges to ignore the text of the law and consider the purpose/policy.

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