If the law is upheld, Republicans will take to the floor to tear out its most controversial pieces, such as the individual mandate and requirements that employers provide insurance or face fines
If the law is partially or fully overturned they’ll draw up bills to keep the popular, consumer-friendly portions in place — like allowing adult children to remain on parents’ health care plans until age 26, and forcing insurance companies to provide coverage for people with pre-existing conditions. Ripping these provisions from law is too politically risky, Republicans say.Apparently it's not politically risky to require insurance companies to go out of business, though, which is what this plan will in fact require. What you're going to get out of this plan is insurance companies that must provide coverage to anyone who asks, even if they wait until they get sick to ask; but without the funding that the individual mandate (however unconstitutionally) ensured.
Employers will drop their plans, and insurance companies will go out of business. Now what?
Courage is the most important political virtue, as Machiavelli reminds us. If you're going to fight for principled constitutionalism, have the courage to make an argument. It's not too hard to explain that the government ought not to demand that businesses are run in ways that make them go bankrupt. It's not too hard to explain that people are better off being able to obtain insurance than not.
If you haven't the guts to make that argument to the People, it's time to start drawing up single payer plans. That's where this plan gets us. If you want them at the state level, get going on it now. Otherwise, we'll have to amend the Constitution to permit it at the Federal level -- or just do what our left-leaning brothers and sisters do, and learn to ignore the Constitutional limits entirely.