Since the Constitution does not give the fed govt. control over health care, O-care is unconstitutional, but then there are lots of other unconstitutional laws and rulings. In spite of that, I think it’s very likely Dems would challenge either an EO or law passed by congress that would allow a healthcare policy described in this article (for example buying policies across state lines).
They might challenge bills to do that, but I don’t see a problem with government declaring markets open for business.
One could also attack what’s going on now as a restraint of trade.
I want things handled through Congress, because I want it clear we have complied with the Constitution to get things done.
There’s also a problem, of a future president simply pulling out his pen and cancelling things not handled by Constitutional methods.