Section 1321 specifies that “the Secretary [of Health and Human Services] shall . . . establish and operate such Exchange within the State and the Secretary shall take such actions as are necessary to implement such other requirements.”
These subsidies are available to people whose plans “were enrolled in through an Exchange established by the State under section 1311 of the Patient Protection and Affordable Care Act.”
please show me where anything said was remotely true. here is the law.
1311 establishes the state exchanges
1321 says if the state doesn't establish the exchange then the HSS can do it.
the next one say that only people that can get subsidies are the ones set by 1311. it makes 0 mention of 1321.
which based on the law itself means that only people that fit the criteria of 1311 can have access to subsidies.
your right congresses intent was clear the only people that would get subsidies are states that manage their own exchanges that were not setup by the fed.
only when they realized their huge mistake did the IRS unconstitutionally attempt to change the bill. the IRS does not have the power to change the bill.