Yes, that makes Obozocare unsustainable, but how does it make it unconstitutional?
I’ll have to wait and read the opinion to find out specifically what the judge says.
If you remember what made Obozocare constitutional ... only constitutional basis for the federal government to mandate people buy insurance, according to C.J. Roberts and which the 4 leftists justices signed on to, is that it’s a tax — not a fine, penalty, or anything else. If there is no tax, it is therefore unconstitutional.
Your question seems to be technically based, i.e. if the law can’t function properly or be sustained at some an operational level, it doesn’t work and therefore a judge can decide it doesn’t work. A court isn’t really there to determine if a law is functional/operational, and if it isn’t, the court can fix the law, or declare it unworkable and stop the law. There has to be a constitutional basis for the law. If the constitutional basis is removed, then the law is unconstitutional (whether it is or is not operationally sustainable). If the law is constitutional, and not operating well or not at all, the legislature has to fix it, or the voters have to elect people who will fix it.
Let’s assume that the law is constitutional, but operationally unsustainable (i.e. it doesn’t work), the court won’t go in to try to fix it, or at least that is the theory. It can be argued that the Supreme Court fixed Obozocare twice, instead of letting COngress fix it.
Sometimes parts of a law are constitutional, and other parts of the law are not constitutional. Then the judge will see if the constitutional parts of the law can survive or operate as intended, or does the lack of the provision (now found unconstitutional) make the rest of the law unconstitutional - i.e. there is no basis upon which the federal government can enforce the law. MY guess without reading the opinion is that the mandate was the lynchpin of constitutionality, and without it, the law cannot be carried out constitutionally, starting with compelling people to buy insurance, compelling pre-existing conditions to be covered by insurance companies, compel federal underwriting standards, etc etc. Lazy Congress needs to fix the health care system that Obozocare really screwed up. My guess is that they won’t and hope that the Supreme Court saves them again. It is possible the Supreme Court will save them again and ignore the Constitution.