The lawsuit is against the mandate. If mandate was found to be Unconstitutional there would be a need for something to take up the slack.
Passing legislation that enrolled anyone without credible coverage (or ability to self insure or religion exemption) automatically into public option program (paid for by payroll deductions with subsidies based on income) would be one method.
Even insurance companies would be for that because otherwise having requirement to offer insurance to all Americans without mandate on healthy to participate would be prohibitive.
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