They can’t.. Insurance companies are to weak kneed to fight it.
Under SCOTUS Commerce Clause jurisprudence going back to the thirties, if you fart in Colorado the Fed can regulate what you eat and mandate anti-flatulence meds on the theory that the sweet smell of your gas could drift over into Kansas, requiring some farmer to pause in his combining to roll up the windows. This could impact how much corn he harvests that day and thus prices on the corn market.
Basically, the enumerated powers provision of our Constitution, and the ninth and tenth amendment’s in the Bill of Rights, have been interpreted out of existence. And even if perchance some errant federal judge were to rule that your farting in Colorado had insufficient effect on interstate commerce to survive a tenth amendment challenge, Congress now knows that according to Chief Justice Robert’s preposterous pretzel-twisting logic, all it has to do to have any legislation whatsoever survive constitutional challenge is impose a penalty on the behavior it disfavors and call the penalty a tax - although Roberts would undoubtedly be willing to rewrite the law to make the penalty a tax, as he did with ObamaCare.
Face it. Under SCOTUS jurisprudence, the federal government can do anything it damn well pleases. You might as well throw away your copy of the Constitution. It’s a meaningless document today, and has been since the 1930’s.
Oh contrare. The Insurance companies stand to make trillions of dollars in the final cut. They're obombacare's biggest proponents. Pretending like they are victims and "only doing what the law says" they "have to do" keeps them shielded from any examination that will shed light on this truth. There is a lot of blood on the insurance companies hands and they love it. They are orgasmic with the reality that every single person in America now HAS TO buy insurance. They are also excited that they will now no longer have as many, if any, insurance agents they will have to share the booty with and... obombacare's exchanges will help to insure that smaller, less established insurance companies cannot compete. Ever belong to a Union? These exchanges are set up the same way. It's a good'ol boy network. If "we" like you you can join. If we don't... take a hike.
No... the antichrist (aka - barack o bamah) knows exactly what he is doing and who to align with.