I bet no Congress has ever done this before: Intentionally change a law specifically for the purpose of making it unconstitutional. A legislative poison pill of sorts. Yet has there ever been a law that needed it as badly as this one does? ObamaCare is unconstitutional on its face, yet Chief Justice Roberts saved it in 2012 with a rather novel interpretation that said the individual mandate isn't really what it clearly is.
Why not clarify via new legislation that the law is every bit as unconstitutional as Roberts should have found it to be in the first place? James Blumstein, director of Vanderbilt University’s Health Policy Center, thinks it just might work: