ObamaCare authorizes Exchange subsidies only through state-established Exchanges, not the 34 Exchanges created by the federal government. As a result, those 34 states that refused to establish Exchanges by law have defunded a further one-third of that $2 trillion dollars. Since those subsidies trigger penalties under both the employer mandate and individual mandate, those states have by law also exempted all of their employers and about 8 million individual residents from those penalties.Enforce the law! Of course, with the IRS being a law unto itself (it thinks), that will take a little effort (legislation and litigation);
The 34 states that have refused to establish Exchanges can actually block the IRS’s illegal ObamaCare taxes legislatively by suspending the licenses of insurers that accept the illegal subsidies. Since no insurer would then accept one, not a single employer in the state could be hit with the employer-mandate penalties those subsidies trigger.Hoist...petard.