I agree with many of the arguments that have been made by people like Prof. Adler, Michael Cannon, and others – that in King v. Burwell, IRS subsidies should be struck down as unconstitutional because they’re not authorized in states where the federal government operates an exchange.
But, the Court will not agree.
The federal government, including the federal courts, cannot be trusted to shut down such a massive expansion of federal power. Congress cannot be trusted. New Republican majorities cannot be trusted. The Courts cannot be trusted.
The only way to stop Obamacare is through state and individual resistance. That is, nullification.