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Text of D.C. District Court Ruling: ACA Allows Premium Subsidies in States with Federally Run Health Insurance Marketplaces
U.S. District Court for the District of Columbia 
Jan. 15, 2014 "Why would Congress have inserted the phrase 'established by the State under [42 U.S.C. 18031]' if it intended to refer to Exchanges created by a state or by HHS? But defendants provide a plausible and persuasive answer: Because the ACA takes a state-established Exchange as a given and directs the Secretary of HHS to establish such Exchange and bring it into operation if the state does not do so. In other words, even where a state does not actually establish an Exchange, the federal government can create 'an Exchange established by the State under [42 U.S.C. 18031]' on behalf of that state." [Halbig v. Sebelius, No. 13-062 (D.D.C. Jan. 15, 2014)] |
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