Because he has ignored the Constitution for so long, he forgot it even existed.
I guess where I going with this.
The Dems may think they have a win/win on this via the judiciary. If the judiciary goes their way, they have a health care deal that will be difficult to repeal.
If it doesn’t, they can tell their lefty base they tried, use the courts as a whipping boy and motivate their base.
I’m sure some of them are aware this is on real shaky constitutional grounds. They just don’t care.