4th District Court has ruled Subsidies are legal for Obamacare.
I think there are now at least two courts that have ruled subusidies are legal and one has ruled they aren't. Not sure if this will ever hit the Extreme Court or not.
http://pdfserver.amlaw.com/nlj/king_usca4_20140722.pdf
The final rule interprets the ACA as authorizing the IRS to grant
tax credits to individuals who purchase health insurance on both
state-run insurance Exchanges and federally-facilitated
Exchanges created and operated by the Department of Health and
Human Services (HHS).
The plaintiffs contend that the IRSs
interpretation is contrary to the language of the statute,
which, they assert, authorizes tax credits only for individuals
who purchase insurance on state-run Exchanges.
For reasons explained below, we find that the applicable statutory language
is ambiguous and subject to multiple interpretations.
Applying deference to the IRSs determination, however, we uphold the
rule as a permissible exercise of the agencys discretion. We
thus affirm the judgment of the district court.