Two appeals courts looked at the issue of subsidies on Federal exchanges under ACA and both issued decisions yesterday. The DC circuit decision is covered in my post below, the Virginia circuit ruled in favor of the government: See this story in the LA Times.
The Administration has announced its intent to ask the DC circuit to rehear the case, with the full set of judges rather than just a three-judge panel. That would seem a reasonable thing to do, and could well remove the split between two appeals courts that would call for the Supreme Court to step in. But as Jonathan Adler points out at the Volokh Conspiracy, the full rehearing is not a sure thing and there are other pending cases in other circuits. The Supremes might get another shot at ACA yet.