For the GOP, a federal/state divide on the Halbig challenge to ObamaCare

But 31 states have Republican governors, and most did not file briefs. State-level Republicans were far more involved in the landmark 2012 case challenging the constitutionality of the Affordable Care Act, when more than two dozen Republican attorneys general were plaintiffs…

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About five million middle-income people in more than 30 states receive subsidies to buy health insurance through the federal exchange. Without those subsidies, many would not be able to afford it. And without those people in the insurance markets, prices would probably rise for everyone else.

In a new study, the RAND Corporation found that eliminating subsidies for people in the 34 states that use the federal exchange would reduce the number of the insured by 9.6 million.

“I suspect what’s going on is that Republican states realize what a disaster this would be for their insurance markets,” said Timothy S. Jost, a health law expert at Washington and Lee University in Virginia who supports the Affordable Care Act.

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