An Obamacare gotcha moment? "The January 2012 video...features Gruber telling an audience at a Noblis meeting that if states don’t set up their own exchanges, their citizens can’t get the subsidies, which are delivered as tax credits....Gruber said Friday he misspoke, but his comments at the time are the opposite of what he and other liberals are arguing now: that Congress wrote the law to provide the subsidies for low- and middle-income Americans through all the state exchanges, regardless of who runs them....Whether Congress intended to withhold the subsidies unless states run exchanges themselves is a crucial question in the legal battles." Paige Winfield Cunningham in Politico.
Courts may not care what Gruber thought. "In the end, what Gruber believed isn't the question in Halbig. The question is what Congress believed....As someone who has covered Obamacare and the people who wrote it for five years, the argument that Congress actually didn't know how it intended for subsidies to work rings hollow: legislators knew exactly how the subsidies were meant to work, and they intended for them to work in every state, no matter who built the exchange. That idea was at the very core of Obamacare, and no one drafting or voting for the law intended to betray it."Sarah Kliff in Vox.