No, they shouldn't. Laws with effective dates in the future can always be changed before the effective date (especially when the effective date in this case was eight freaking years after the lawsuit was filed).
And in the case of ObamaCare, there is a high degree of likelihood that the Obama administration will unilaterally change the law or delay the effective date anyway (this is exactly what was done with the employer mandate, for example) ... which makes the whole law a farce.
At the highest level there is no more rule of law. Smack down bad law as it is passed. We already have way too many and a likelyhood of illogical contradiction.