The plaintiffs argue a particular section of the law refers only to “exchanges established by the state” when mentioning eligibility for subsidies – meaning it explicitly excludes marketplaces established by the federal government. The government is arguing that the phrasing may be unfortunate, but the entire law clearly intends the federal tax credits apply to people using the federally established exchange, not just the state ones.
Mississippi Insurance Commissioner Mike Chaney said if the court rules that the subsidies are illegal, a high percentage of Mississippians who have signed up for the ACA could find themselves without health insurance.
As of February, Chaney said 103,000 Mississippians had signed up for coverage through the federal health care marketplace. Another 80,000 have been added to the state’s Medicaid roles in the past year.