Could these waivers spark a lawsuit on the grounds of the equal protection clause?
Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another.
Why not? SC's grooss error notwithstanding, there is no Constitutional basis for forcing the people to purchase anything. We know that.