There isn't any way this gets repealed. There aren't votes for it. Basically there seems to be three arguments. It's illegal. There isn't authority. It's a power grab.
Each one of those actually is so funny, it cracks me up. Not sure everyone here will want to see that. It seems Kossacks love the fight. I say pick your fight. Wall Street reform is the next big fight, save your strength for that.
So why respond to the Republicans at all, except in courts where they file briefs? I just don't get it.
Argument One. It's illegal. Where does it say in the constitution that you have to sign up for Health Care? Answer, same place it says you have to sign up for Social Security. This argument falls so flat so fast that it is laughable. The Fed Gov has the authority to do a great many things. They can conscript you into the Army although currently they do not. They can repossess your property. They can now throw you in jail for an unlimited amount of time.
The Fed Gov can compel you to do a great many things, this is way down the list.
Argument Two. There isn't authority. This is an offshoot of argument one. The Feds can't make the states do this. The states are compelled by the constitution to do a great many things. This is just one more. Just take Medicare. The states are compelled to implement and manage parts of the plan. Now, they may feel they are treated unfairly and some of that was addressed. But it isn't illegal.
The Fed Gov can compel the states do do a great many things they don't like.
Argument Three. This is a power grab. Interestingly, I like this the best. This says the Feds are taking more authority to run the country that was allowed in the constitution. Well this argument goes way back, back to Hamilton and Jefferson. The Republicans represent what was a form of the Jefferson Model. Democrats represent Hamilton's view. Over time, Hamilton has been proven right, there is a need for a strong central government.
So this has some moral standing but no legal standing.
The only way this get challenged is in State courts. We then appeal to Federal Court and game over. It will take years to get to the Supremes, I suspect we will have bigger fish to fry by then. as far as challenging it in the Senate, that needs 60 votes to even pass. They aren't there.
It's time to move on. Grab a sign and paint the words Wahhhhh! on it when you see someone crying for repeal. Elections have consequences.
Now we need to work on Wall Street reforms. If we don't fix that, we may be back here again in 10 years in even worse shape.