If all the legalese has your head spinning, here’s all you need to know:
1) The text of the ObamaCare law makes subsidies available only to one who enrolls in a health plan “through an Exchange established by the State under [section] 1311.”
2) The ObamaCare law says that if a State does not establish the exchange, “the [HHS] Secretary shall . . . establish and operate such Exchange within the State.”
3) Follow me here: when the HHS Secretary establishes an exchange, the exchange was established by the HHS Secretary.
4) The HHS Secretary is not a “State.” A State is defined in the ObamaCare law as “each of the 50 States and the District of Columbia.”
5) So when the exchange was established by the Secretary, it was not established by a “State.”
That’s pretty much it.
By the way, the D.C. Circuit put out four new opinions today, and none of them was the Halbig decision. I can’t guarantee they won’t put out any more today, but it’s looking like Friday at the earliest.