Correct, it cannot be repealed. Well, it CAN but the costs would be astronomical. The framework that will be in place by 2014 will be so expensive to unwind that it's impractical...the exchanges, the health record digitizing, all of the new regs for insurers, doctors, etc. What can (and will eventually) happen is that ObamaCare will be crippled. Governors are refusing to set up exchanges, forcing the federal government to do so via subsidies (your tax dollars) but the law has a gray area for states refusing to do such...surprising right? Oklahoma has filed a lawsuit in federal district court arguing that federal subsidies of exchanges are unconstitutional.
One case to watch is Liberty University v. Geithner (Geithner is the defendant since the "penalty" was ruled as a tax and he's the head tax collector), arguing that the mandate violates the Constitution free exercise, establishment, and equal protection clauses and that the ObamaCare employer requirement (to provide insurance that covers abortions and contraception, regardless of whether the employer objects on religious grounds) is unconstitutional. Liberty University filed a petition for rehearing with the Supreme Court of the United States, asking SCOTUS grant a writ and vacate the Fourth Circuit's opinion from last year in which it shot down Liberty. SCOTUS asked the DoJ if it has a problem with the suit, DoJ said no obviously because it's almost certain that the government will win. Methinks that SCOTUS will grant the writ, vacate the Fourth Circuit's opinion, and the Fourth Circuit will hear the arguments then say "this is way above our pay grade" and kick it up to SCOTUS. It's one thing to challenge a law under the AIA, another to challenge on grounds that it violates the First Amendment. If Catholic hospitals are forced to provide abortions and birth control, Cardinal Dolan flat-out stated that the Catholic Church will close all of its hospitals...and they aren't screwing around because the Catholic hospital where I live closed its pharmacy after Gov. Quinn signed that law stating that pharmacies must provide "Plan B" morning after pill. I believe this case holds a lot of weight, given that it directly challenges the Constitutionality of the provision and the blatant violations contained in the ACA.
