Jonathan Gruber was, in the lower courts, the government’s principal expert. They relied on his “three-legged stool” metaphor to argue that (even though the law says they are only available through an “exchange established by the state”!) subsidies must be available through federal exchanges. Then he was caught on tape, not once but twice, expressly explaining states that don’t establish an exchange won’t get subsidies. Oops. After Gruber became even more famous for accidental candor – calling the American people stupid and worse – he went to Congress to apologize over and over again. He also claimed his caught-on-tape explanations of the subsidy provisions were mistaken, a claim now cited in multiple briefs before the Supreme Court. It’s just one more lie.