Regardless, the Constitution gives the feds NO POWER to meddle in my health insurance. Therefore, Obamacare is an unconstitutional federal act that should be rejected and nullified by the states and the people. If someone like Cruz comes along who can somehow get it repealed great, but Cruz can’t repeal it of course - on the federal level, only Congress can repeal it or SCOTUS overturn it.
There may be a case where the if the President clearly showed why Obamacare is unconstitutional and why the legislative and judicial branches acted unconstitutionally in allowing it, the President could refuse to enforce it as being against the Constitution which he has sworn to “preserve, protect, and defend.” The Supremacy Clause would be on his side. It would be an unprecedented and unlikely, but welcomed, move IMO.
In the meantime, regardless of what the feds do (IMO the feds are beyond repair), the states with right-thinking populaces will have rejected and nullified such unconstitutional federal acts and taken it from there.
Which is kinda like what the States did that didn’t establish their Exchanges. And what will be ruled on, soon I hope.
“the President could refuse to enforce it”
This appears to be what the President is doing with regard to the various decriminalizing, legalizing and medical marijuana laws popping up in the several states now. What I wonder is why Republicans in Congress are trying to defy the will of 70% of DC voters who want the same legalization rights as Colorado, Washington, and Alaska. Something does not add up right here.