As the Supreme Court hears oral arguments in King v. Burwell this morning, it’s critical that the court recognize that the Affordable Care Act (ACA) provides premium tax credits for consumers in all states, as we’ve explained. Invalidating the credits for people in states that didn’t create their own exchanges would be wrong from a legal perspective and would harm millions of Americans.
The ACA clearly states that if a state elects not to establish its own exchange, “the Secretary [of Health and Human Services]shall … establish and operate such Exchange within the State.” In other words, the federal government stands in the shoes of states that elect not to operate their own exchanges by establishing and operating the exchanges on their behalf.
As Chief Justice John Roberts has said, the exchanges are “an element of a comprehensive national plan to provide universal health insurance coverage.” Leaving millions of people in 34 states unable to afford coverage is not a national plan — yet that’s exactly what would happen if residents of states with federally operated exchanges weren’t eligible for help buying coverage in the exchange.
source: huffington post