The ruling on Halbig v Sebilius is in, and the court is not happy with itsef. (Sad face!)
congress wrote this law assuming all the states would hop on for promise of big federal dollars, but 34 states didn’t fall for it and refused to set up exchange. HHS set up a federally mismanaged Healthcare.gov to fill in the gap — a direct violation of the Affordable Care Act, as the states have to set up and manage the exchanges. So federal subsidies for ACA are illegal. The court’s saying that it isn’t their job to rewrite the law; that’s Congress…so they should either fix the law, or it’s done.
The chances that happens? A big round multiple of zero.
There’s always the chance the feds can ask for an en banc hearing of all the DC Circuit judges, which might aid the court, as it has been packed with Obama appointees, but I suspect the DC Circuit wants this out of their docket as fast as possible, so the black robes in the Supreme Court take the heat.