In it, but not of it. TPM DC

Video Surfaces Showing Obamacare Architect Taking Conservative View Of Subsidies

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It is not clear what Gruber's rationale would have been for taking this position at the time, and he did not immediately respond to TPM's request for comment on Friday. The final Internal Revenue Service rule covering the tax credits was released in May 2012, several months after Gruber spoke in the video.

A federal appeals court ruled earlier this week that, based on Obamacare's language, tax credits should not be available to people who use Another appeals court ruled the opposite way on the same day. The issue could be heading to the Supreme Court. If tax credits were invalidated for the federal exchange, it could affect nearly 5 million people in the 36 states using the website and send premiums skyrocketing.

The health policy world was quickly consumed by the Gruber video, and conservatives seized on it as supporting evidence that the tax credits should not be allowed for those shopping on and that this was Congress's intent all along.

"Gruber is not a member of Congress, so this isn’t direct evidence that Congress intended to offer tax credits only in state-established Exchanges," the Cato Institute's Michael Cannon, a major force behind the lawsuit, wrote. "But he may be the next best thing."

Others who followed Obamacare from its early days seemed perplexed by Gruber's comments in the video.

While Gruber's is not the final word on congressional intent, he was intimately involved in helping to draft the law. The New York Times reported in 2012 that he worked closely with the White House and congressional staff while the bill was being developed.

More recently, though, Gruber has dismissed the current lawsuit challenging the tax credits on

"It is unambiguous this is a typo. Literally every single person involved in the crafting of this law has said that it's a typo, that they had no intention of excluding the federal states. And why would they?" Gruber said this week on MSNBC. "Why would Congress set up the mandate and go through all that political battle to allow it to be destroyed? It's just simply a typo, and it's really criminal that this has even made it as far as it has."