I said it on Twitter, but I’ll expand here.
Is there a single CBO analysis which documents what would happen if states refused to set up exchanges and would therefore “lose” their subsidies? Were any of Gruber’s models set up in this manner? If not, then I don’t understand how anyone in Congress or who set up the law thought it was going to work that way.
I accept that the law was written poorly. I accept that there may be individuals who thought it would work in the way the DC Circuit majority said. But there are tons of analyses, reports, interviews, and more that show that no one involved thought that way.
This blog has been going since before reform was passed. Find me a single post where we discussed this. Find a post where we discussed others discussing this. Do you think we would have ignored this? We wouldn’t have been concerned?
