Guess what?
“established by the state” occurs 15 times throughout the PPACA Act. Each time it limits some kind of requirement or benefit (e.g. CHIP payments —Children’s Health Insurance Program).
It’s use is intentional as a conditional clause in the sections where it appears.
If the slippery slope of focusing the court on the originators intent of a passage (instead of the actual words in a document) in a law doesn’t get the job done, then lets erase long-standing definitions of words and replace it with what makes our agenda move forward.
Talk about moving the goal posts. This is replacing the goal posts altogether so a flea can score a TD.