This leaves it up to individuals affected by the mandate to assert their rights. By delegating the enforcement of the mandate to the IRS, once again we have a situation where private individuals will be required to request proof of insurance, and probably required to request a tax identification number (Social Security Number) in the same way employers are required to request a signature of a Form W4 and required to request a tax identification number. This request provision, for employers, has been translated into the deputizing of employers to assess employees tax liability, and most employers will either refuse employment or refuse to pay an employee until they've acquiesced to the improper demand a signature on a W4 and SS# be supplied. Because it is merely a request provision, and because the Code of Federal Regulations (CFR) is quite clear in what an employer must do in the event an employee declines to sign a W4 and supply a SS#, (there is no requirement to deny employment or payment), individuals being extorted by employers have always had legal standing to sue, even prosecute an employer for this mistake of fact, misinterpretation of law, and fraud. If doctors and health administrators begin acting in the same way, and since many are employers long trained to extort people, and refuse health care to an individual with no proof of insurance, this is a crime, regardless of what the Affordable Health Care Act states, and regardless of what the SCOTUS ruled.

It will be the Ex-Post arguments that will be Obamacare's undoing.