What if the PDUFA bill has already been signed at that point?
Your question now looms large inasmuch as the PDUFA bill is done and ready for Obama’s signature while the Supreme Court still hasn’t ruled, which makes a last-minute amendment to the PDUFA bill to deal with FoB’s impossible.
Still, I agree with Craig Wheeler that FoB-enabling legislation will be quickly reinstated in some manner if the Supreme Court strikes down ObamaCare in its entirety. The need for FoB’s is one of the few bipartisan tenets in the US healthcare arena.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”