Absent action by the federal government or states, a ruling against the Obama Administration would mean that:
- The overwhelming majority of individuals currently subjected to the individual mandate would be exempted as they would not be required to purchase unaffordable care.
- The absence of those subsidies would also neuter the employer mandate in the 34 states that chose not to set up their own exchanges. And
- Federalism would be preserved as each of those 34 states could then opt to address the exchange situation on a case by case basis as they see fit.
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