What the D.C. Circuit got wrong in Halbig. "It is true...that a single provision of the statute provides that subsidies shall be available to exchanges established by states, and that that provision does not also mention the federal government. But it is also emphatically true that the rest of the statutory text makes quite clear that the subsidies were also intended on federal exchanges. Another provision of the statute requires reporting to the IRS of subsidies doled out on federal and state exchanges alike....The statute also, in several other places, mentions state exchanges in ways that clearly are intended to refer to exchanges operated by the states or exchanges operated by the federal government for the states." Abbe R. Gluck in Politico Magazine.
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