I'm not sure I understand why they think they'll win this. Obamacare was upheld 5-4 and all 5 of those judges are still on the court.
Reliance on precedent ("reliance interest") is one of the issues the Supreme Court may weigh when reviewing a challenge to one of its precedents. Millions of patients and potential patients rely on the ACA for healthcare and budgeting of family finances, a dual reliance that is axiomatic.
Judicial deference to exercise of legislative power, both Congress' and the States', is a bedrock principle of constitutional adjudication: The cardinal rule of statutory interpretation is to save and not to destroy.Reliance interest and the principle of judicial deference militate powerfully against the Court's overrule of its landmark, ACA decision.
“'Proper respect for a co-ordinate branch of the government' requires that we strike down an Act of Congress only if 'the lack of constitutional authority to pass the act in question is clearly demonstrated.'"
"Policy judgments...are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices."
"It is well established that if a statute has two possible meanings, one of which violates the Constitution, courts should adopt the meaning that does not do so."
"'No court ought, unless the terms of an act rendered it unavoidable, to give a construction to it which should involve a violation, however unintentional, of the constitution.'”
“'The rule is settled that as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the Act.'”
"As we have explained, 'every reasonable construction must be resorted to, in order to save a statute from unconstitutionality.'”
"The Government asks us to interpret the mandate as imposing a tax, if it would otherwise violate the Constitution. Granting the Act the full measure of deference owed to federal statutes, it can be so read."