You mean subsidy... not tax.
And sorry to burst any opponents of the ACA law but this has no chance in heck of winning this case. It's hard to believe a judge has allowed it to get this far.
Text of the ACA can be found here:
https://www.govtrack.us/congress/bills/111/hr3590/text
The actual text in question is:
through an Exchange established by the State under section 1311
Notice the 'under section 1311' part of the text. (this seems to be left out of all the blog posts about this)
section 1311 is what defines what a 'state exchange is'
One of the 1st things section 1311 does is REQUIRE that states setup an exchange.
Section 1311 also allows for exchanges to be inter-state... meaning 1 exchange can service mutliple states.
Section 1311 allowed the federal government to setup the state exchanges if HHS determined that the state would not have their exchange ready in time.
And finally... the kicker is...
Even though the states are running on Healthcare.gov... the federal website... all the policies offered are state specific and approved and regulated by the individual states.
So even though the website is run by the government all the plans are supplied by the state so it is a 'State Exchange'
Any judge that allows these lawsuits to go forward are playing politics and wasting taxpayer money.