In order to do that, we have to, as is usual when dealing with lawyer speak, reference several sections of the document. Section 1311 defines a health insurance exchange as a "governmental agency or nonprofit entity that is established by a state." Section 1321 allows the federal government to set up exchanges in states that don't do it themselves. Section 1401 is the key. It specifies who can receive a federal subsidy for health insurance. It says (bold by me),Please quote the provision in the law which explicitly forbids the subsidies.The SC isn't supposed to rule on a law's "morality". It's supposed to rule on a law's constitutionality. Since the law in question explicitly FORBIDS the subsidies, there's really no case to be made for keeping them. Republican lawmakers have already put together means to continue helping those impacted should the subsidies be struck, but the president refused to allow them.
Thanks.
(2) Premium assistance amount.--The premium assistance
amount determined under this subsection with respect to any
coverage month is the amount equal to the lesser of--
``(A) the monthly premiums for such month for 1 or
more qualified health plans offered in the individual
market within a State which cover the taxpayer, the
taxpayer's spouse, or any dependent (as defined in
section 152) of the taxpayer and which were enrolled in
through an Exchange established by the State under 1311
of the Patient Protection and Affordable Care Act, or
``(B) the excess (if any) of--
``(i) the adjusted monthly premium for such
month for the applicable second lowest cost silver
plan with respect to the taxpayer, over
``(ii) an amount equal to 1/12 of the product
of the applicable percentage and the taxpayer's
household income for the taxable year.
That's the piece in play here, and that's the piece Obama's lawyers have to argue doesn't say what it says. It's the whole "Today it's a tax, tomorrow it's a fee" argument on steroids.[/quote]