Scott, the health care act has been tried in many different courts. Much more often than not, it has come out on top. That's often not reported or if so, it doesn't survive for half a media cycle because it's the expected result. This guy's making a splash because he throws out the entire bill on the basis that the mandate is unconstitutional and not a separable provision. I doubt either of these viewpoints will survive, much less so both together (which would be required to kill the entire bill). And he's still a couple of steps removed from the supreme court (where I'm sure the whole thing will end up eventually anyway, probably in 2015 or so).
Really I don't care at the moment. When this thing comes to the supreme court, a lot of the provisions will have kicked in and more likely than not, the American people will love and enjoy them. So, even if the bill or parts of it might get thrown out, the legislators will rush in to fix it rather than celebrate that it's gone. The rhetoric of 'job-killing health care bill' will be forgotten, simply because it will be a decision between popular health care provisions then and there against 'job-killing' rhetoric and vague promises for the future (if you happen to believe that to start with). You'll see. If you press republicans right now, they won't even go back on 'pre-existing conditions' 'college age children on family plan' 'no annual/lifetime cap' and so on and so on, because they all know deep inside that that stuff is very popular. Leaving any of that out is a losing proposition.
If, for some reason, the bill loses in the supreme court, and the American people really have come to hate it (why that would be I can't see, but ok), then fine, I wouldn't have any problem throwing it out. Whether it's going to be replaced and if so by what, I have no idea. Right now I just don't care.
If the individual mandate really isn't going to survive, I'd suggest to have a 'medical emergency tax' which would go to hospitals to cover their cost of treating uninsured medical emergencies. Because, you know, the money for that has to come from somewhere. Kind of like local taxes right now go to pay for fire stations etc. Between that and an individual mandate, which one do you think is going to be more popular? In the end, it's going to be a democratic decision. If the mandate comes out on top of the opinion polls, lawyers will figure out a way to make it conform to whatever 200+ year old document you might chose to put in front of them (for a small fee, of course).