DJD this thought just came to me as I read your post. They only found it constitutional because it is a tax not a penalty on the individual mandate. Can a group be excluded from a tax? You can earn a tax credit but it has to be for anyone who would qualifies and this potus just excluded a small group from this bill. Of course he said all along this was not a tax until he got to the Supreme Court and then he argued it was a tax.