<p>This particular “issue” with the law has nothing to do with a lack of transparency–it results from some sloppy drafting and some clever lawyering to exploit it. It was clear to anybody who was paying attention that the intention was for the subsidies to be paid in states without marketplaces. If the Supreme Court overturns it, they will either have to ignore Congressional intent and focus on the drafting issue, or pretend to believe silly falsehoods about the intent. Everybody who really knows the score understands this, and the challenge is going forward in the hopes that the environment outside the courtroom will persuade Roberts to change course.</p>