If the cases percolate up to the top circuit courts and the circuits are in conflict, the SCOTUS usually steps in to resolve the conflict. Normally a long, slow process. In practical terms, if a few good decisions come down, like a solid win in Virginia for throwing out the individual mandate (very likely), it will embolden the repeal effort and dramatically slow down implementation. State economies are wobbly right now and looking for ways to get out of any new unfunded mandates, and many of them would jump at any chance to delay implementation of Obamacare. Severe circuit decisional conflicts would provide them just such an excuse.
Interesting. Thank you.