Section 36B. If the statutory language is plain, the Court must enforce
it according to its terms. But oftentimes the meaning—or ambiguity—of
certain words or phrases may only become evident when
placed in context. So when deciding whether the language is plain,
the Court must read the words “in their context and with a view to
their place in the overall statutory scheme.” FDA v. Brown & Williamson
Tobacco Corp., 529 U. S. 120, 133. Pp. 7–9.
(b) When read in context, the phrase “an Exchange established by
the State under [42 U. S. C. §18031]” is properly viewed as ambiguous.
The phrase may be limited in its reach to State Exchanges. But
it could also refer to all Exchanges—both State and Federal—for
purposes of the tax credits. If a State chooses not to follow the directive
in Section 18031 to establish an Exchange, the Act tells the
Secretary of Health and Human Services to establish “such Exchange.”
§18041. And by using the words “such Exchange,” the Act
indicates that State and Federal Exchanges should be the same.
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