I do believe that if there are no subsidies available, the employee mandate cannot be enforced.
I would surely rather not have insurance than have to buy the 0-care insurance. Perhaps non-participating states could allow insurance companies to create non-qualified plans which would be cheaper because of less mandated coverage.
The most important result of a decision against the IRS (in my mind at least) is that the law will be crippled and then even Democrats (some looking for redemption?) will use it as an opportunity to join Republicans in perhaps repealing the law.
There will have to be consiberable dissension within the Democratic Party for such a thing to happen.
But any kind of significant split would provide enough votes to override a veto.
How many Dems will want to protect a bad law and an unpopular lame duck pResident?
“haps non-participating states could allow insurance companies to create non-qualified plans which would be cheaper because of less mandated coverage.”
I think the question is what will those states do -createca state exchange or stand firm?