So one court said “no” and the oth­er said “yes” and in the end it will be up to the Supreme Court…again.  Remem­ber when the Pres­i­dent could do what he wished?  Well, that was back in the days of Wash­ing­ton and Adams…when things were hec­tic (which explains why we are still going through this four years lat­er) Con­gress wrote the ACA to say that sub­si­dies would be pro­vid­ed through “an exchange estab­lished by the State” – so when the Feds moved in, the oppo­si­tion was also on the move.  The prob­lem, of course, is that the law was draft­ed to give the states incen­tives to set up the exchanges (mon­ey!), but when 36 did not take them up on the offer some­thing had to be done.  They did the right thing…but with­out permission.