“Today's decision by the appellate court reflects a studied approach of judicial review. The court construed the actual language of the statute which clearly applies only to state exchanges. It appropriately rejected arguments about intentions, feelings or excuses about sloppy drafting. That is what courts are meant to do.
In May 2012 the Internal Revenue Service (IRS) issued a rule to interpret the ACA in a manner which would allow for tax subsidies to be available to eligible individuals who purchase insurance through an Exchange regardless of whether it was established by a State or the federal government.