Say goodbye to Obamacare...

[Rstrstx]

30. Mmm, well the ACA does say that each state "shall establish an Exchange"

To me that looks pretty cut and dried, it's clearly in the law as the King plaintiffs like to say. If the SCOTUS rules in favor of the plaintiffs I wonder if the millions stripped of their subsidies can turn around and sue their states since they have been materially harmed.

The controversy here is what happens when the federal government steps in to establish an exchange in the state's place. The IRS and federal government interprets this as the functioning equivalent of a state exchange, that the Secretary is in effect acting on behalf of the state. Yes, the law does state that subsidies shall go to exchanges "established by the State", but it's not a stretch to interpret the federal exchange as a state exchange that has been set up on behalf of the state by the Secretary. If it doesn't the law goes down a confusing route that makes no sense, namely that federal exchanges would be worthless and nonsensical since they would have no customers. And that's where the textualist/whole law approach comes in.