[Clump]

I tend to think that SCOTUS will ultimately take and decide this regardless of what the packed DC Circuit does.
If for no other reason than that we have four (original dissenters) who still hate the law, I think they will hear the case. As long as the composition of the court doesn’t change I think there is a decent chance that Roberts will join the four original dissenters and say that it is not the job of the court to protect legislation from its own explicit language.
The court did just that in a recent EPA case with the five justices we need in this case.
It’s the best legal challenge to the ACA available from my vantage point.
If Roberts had gone against Hobby Lobby I wouldn’t even hold out any hope on this one. But his willingness to piss off the administration makes me think his vote is seriously in play here.

[nathanbedford]

Your reasoning makes perfectly good sense. But I'm not sure that logic is what will carry the day with Justice Roberts. As I meant to say in my reply, it depends on whether he seeks absolution or vindication.I simply don't believe he will proceed concerned only with doing justice.

We all hope you're right.