I’m not sure that the law prohibited the federal Govt from setting up an exchange — what it did prohibit, however, was federal subsidies from flowing through any other vehicle except a State exchange. So, the subsidies provided to individuals who used the Federal exchange because their State failed/refused to set one up aren’t legal, according to this Appeals Court ruling.
This will go higher.
The subsidies are a huge deal for Obamacare. That was the basis for his untruth that the average family will see their premiums decline 2500 a year. That drop in out of pocket premiums was supposed to come from the subsidies.
Realistically, lots of people will drop their policies if they don’t get a subsidy.
This will be interesting to see, as this goes forward, if millions of people get fined for not having health insurance, when they don’t have it because they can’t afford it without the promised subsidy.