Exactly. Now the Democrats are saying they actually intended for the states which refused to create their own exchanges to receive the subsidies. The language they are using is that the intent of the law if for all Americans to be able to have affordable health care, so of course all the states should get subsidies.
The other view of this is that Congressional compromise to deal with situations at the time resulted in the law being written as it was.
If the Democrat expectation really is that it doesn't matter what compromises they make situationally because the court will restore what the Democrats wanted eventually anyway, then we are dealing with bad-faith negotiators within Congress; Democrats who don't care what they agree to, and Republicans who go along with the charade.
-PJ