Seems to me that this will soon be removed by President Obama. This is a tax on the lower-middle class and those who cannot get health insurance otherwise. The rich will get their insurance through work, the upper-middle class will get their insurance through work, the middle-middle class (for the most part) will get their insurance through work, the poor will get their insurance through Medicaid. That will only leave those who are not poor enough to qualify for Medicaid, who don't get health insurance through work and who don't have enough money to pay for their own health care on the open market. This is a 3.5% tax on the not-quite poor.
As soon as the press gets hold of this, they will run story after story of struggling families with children who have pre-existing conditions, so they can't afford health insurance and medicine. Just wait - - - oh, right, it's Obama. Nevermind.
You’d think that if he really believed this supra-legal Federal exchange even had a basis in law to exist, he’d want to use it to draw the flies with honey, not vinegar.