The situation gets murky because of the intentional stirring up of the mud
But...... looks like Obamacare is toast because the intent of Congress was to influence the establishment and implementation of state exchanges.
Barack Obama is saved....... it will be the SCOTUS’s fault.
The law says what it says - intentions are irrelevant.
The more I read about the Halbig decision, the more I’m convinced if it gets to SCOTUS, they’ll just let the DC Circuit decision stand (that’s if the en banc panel upholds the three judge panel decision).
Regardless of the details, Ocare is a tax. A tax on life.
It is therefore unconstitutional.
Doesn’t matter if they got it right. Harry Reid went nuclear and packed that court with far left political operatives. Those operatives see their job as justifying whatever a democrat controlled federal goveremt proposes and opposing whatever a republican controlled federal government proposes. En Banc this Court will twist itself into knots to save Obamacare. In doing so the law won’t matter one wit to them.