Scalia And Company May Have Already Shown Their Hand On Obamacare Subsidies

Scalia And Company May Have Already Shown Their Hand On Obamacare Subsidies
WASHINGTON, DC - OCTOBER 02: U.S. Supreme Court Justice Antonin Scalia waits to be introduced to speak at the American Enterprise Institute (AEI) October 2, 2012 in Washington, DC. The American Enterprise Institute and the Federalist Society held a book discussion with Justice Scalia, who co-authored the book 'Reading Law: The Interpretation of Legal Texts.' (Photo by Alex Wong/Getty Images)
WASHINGTON, DC - OCTOBER 02: U.S. Supreme Court Justice Antonin Scalia waits to be introduced to speak at the American Enterprise Institute (AEI) October 2, 2012 in Washington, DC. The American Enterprise Institute and the Federalist Society held a book discussion with Justice Scalia, who co-authored the book 'Reading Law: The Interpretation of Legal Texts.' (Photo by Alex Wong/Getty Images)

It is true, as the plaintiffs argued, 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.

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