In the Court of Appeals in Washington, DC, on a case called how be Halbig v. Burwell. This is the case that challenges the idea that federally set up health insurance exchange under ObamaCare is capable of giving the subsidies for premium purchases because, in ObamaCare as rapidly as it was drafted in the middle of the night to pass, it gives the authority to HHS to give subsidies through and only through state insurance exchanges. It does give the right of the state to turn down setting up exchanges in which case the Feds would set up a federal insurance exchange. The problem is the law does not say that the feds can provide subsidies through the Federal exchanges- just to the State exchanges. That would mean that about 85% of those signed up on Obamacare (most through the Federal Exchanges) would not qualify for premium subsidies.
The representatives of the Obama administration will be telling the Court that you have to read the law in its entirety. It’s obvious that Congress wanted there to be subsidies, no matter who sets up the insurance exchange. But it doesn’t say that so we have to imply it. You are supposed to go through the committee structures, you are supposed to have debates about the details, you are supposed to be able to understand the implications of the laws you write. People make mistakes for sure, but the mistakes can be corrected based upon the obvious written intent of the law as it worked its way through the legislative process. Instead the Democrats crammed 2908 pages of the single spaced type that no one has read in its entirety through the Congress on Christmas Eve. So now they come up with these problems. There is no authority to give the subsidies for paying the premiums if you’re an insurance exchange set up by the federal government.