It's in 18041(c) which is the part that states that HHS can set up "an exchange established by the State"
And again,the only place I see that stated is in the Administrations brief to the court. If the HHS establishes the exchange then it is not established by the state.
The section where it spells out eligibility for subsidies it ONLY mentions that subsidies go to exchanges established in 1311, which is teh section regarding exchanges established by the state.No section of PPACA or the IRS Code "lists only state exchanges, not federal exchanges". The term "federal exchange" is not used in either.
Because the IRS wrote the code under 38B with regard to the PPACA. So no, you are wrong. The code under 38B was written by the IRS and published over a year after the bill was passed.And why do you insist on embarrasing yourself by claiming that the IRS wrote the IRS Code? The IRS Code is the creation of Internal Revenue Act of 1986 and was later amended by PPACA.
You mean the section where it deals with exchanges not established by the state? Yeah, I read that to mean EXCHANGES NOT ESTABLISHED BY THE STATE, which is incongruous with the term "exchanges established by the state".Sec 18041(c)(1) where it says that if the state doesn't create the exchange then HHS
False. The 38B code was not in the bill passed by congress. It was written later.NO, Sec 36B of the IRS Code that is being disputed here were created by PPACA which is law passed by Congress.
Ummmm.. you do realize that 38B does not follow 36A, yes?The following is from Sec 1401 of PPACA
It says that it is amending The IRS Code by adding a section after Sec 36A.
What comes after Sec 36A? Sec 36C?