The common argument has been "the American people do not want it" or the "American people do not support the mandate" which is true but this argument implies that Obama's illegal changes were not a problem (as long as he makes fair illegal changes for all Americans).
Tell the American people that ObamaCare was not included because the President does not have a legal right to make changes all by himself. Period.
Then take it all the way to the USSC.
I, too, believe not enough of an issue has been made of Mr. Obama, arbitrarily and unilaterally, making changes to the ACA. He could do this on his own, but, couldn’t (wouldn’t) issue and Executive Order to pay families of military killed in action.
I concur with the logic ... even if it gets to the SC on this basis, they already ruled Obamacare a “tax” and no President or lackey Cabinet Sec’y has the authority to impose or modify it.