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Obamacare Foes Use Its Architect's Odd Subsidy Comments In SCOTUS Brief

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They then quoted Gruber in the newly publicized video, in which he appears to say that states had to set up their own insurance exchange for their residents to receive tax credits under the law.

"If you're a state and you don’t set up an exchange, that means your citizens don't get their tax credits," Gruber says in the video. "I hope that’s a blatant enough political reality that states will get their act together and realize there are billions of dollars at stake here in setting up these Exchanges, and that they’ll do it.”

Gruber, who was heavily consulted by Congress and the White House during Obamacare's drafting, has since said that the comments were "just a mistake."