What needs to happen is many class actions being filed challenging Obamacare as an illegal tax. The Supreme Court did not rule on this, and in fact Roberts created the issue when he tried to save Obamacare by calling it a tax. But a tax measure must arise in the House, and Obamacare came out of the Senate.
Exactly. Everyone should refuse to sign up then wait for the fine. After the fines absolutely flood the courts with lawsuits.
Not only that, but being a tax it gives standing as a taxpayer to file suit on free exercise of religion grounds, one of the only ways to sue on a tax. Whether Roberts meant to do that is not certain, but it is an interesting byproduct of his decision. It means that if you aren’t Amish but dont want to fund abortion, you have the basis of a suit, because the government is “establishing” the Amish etc in preference over you. That’s illegal and well within SCOTUS free exercise precedent. Why this is not being pursued on a class action basis I don’t know. It seems like it has real potential.