My question is who has the authority to challenge the president and second expedite this case to the SCOTUS. My point is by the time this gets to the high court it will be 2014. I believe the court strikes down the president on this but Obama wins on time. Still, the legislative branch has to advance this case to curb the executive branches powers.
In theory, it's an equal protection violation to pick and choose who has to follow the law. Any party subject to the law should have standing to file suit. And being subject to the mandates is an economic issue, so it's easy to demonstrate and quantify the harm done by the unequal enforcement.
Of course, under the inane "living Constitution" theory we might see a ruling that it's perfectly OK. Or we could see the lib wing of the court (plus a Kennedy/Roberts sellout) tie themselves into logical pretzels to deny standing.