The media is reporting the 11th circuit ruling that the individual mandate of the Affordable healthcare Act (unconstitutional), as a policy defeat for President Obama.
But in fact, the court ruled the rest of the law legal, that it remain in effect, and that the mandate was in fact only a small part of the law.
Why not accept that verdict?
Don't appeal to the Supreme Court. The right wing on the court will probably rule likewise if not worst. They might go beyond the question and become activist.
Without the unpopular mandate, the law is much more acceptable to Americans.
The increased cost of guaranteed issue and prohibition of denying care for pre-existing conditions would be passed on to everyone who is insured through higher healthcare. But it would be a transparent cost, and sort of an extra insurance premium because we all could one day be in that position. In addition, the law was going to need fixing anyway, and this could be one of the fixes, without the pressure of a Supreme Court decision.