This is what I have been thinking since I first heard of any waivers from the law for certain states, then for certain people. That is definitely not equal protection. Dedroy Murdock addresses that issue in an article in National Review.
Twenty-eight of these United States — encompassing 164 million people, 53 percent of America’s population, and 285 Electoral College votes — are suing the federal government to stop Obamacare. This litigation challenges the constitutionality of Obamacare’s mandate that individuals purchase health insurance. The U.S. Supreme Court is likely to decide, once and for all, whether the Constitution’s Commerce Clause empowers Congress to force Americans to conduct commerce.
Shattering the Obamacare Death Star, however, may require slamming it from multiple directions. Hence, an additional legal strategy should address this law’s apparent violation of the 14th Amendment’s Equal Protection Clause — which explicitly applies to the states, but which the Supreme Court has more or less hitched onto the federal government as well.
Obamacare is not being enforced equally at all. As of February 9, the Obama administration had granted 915 waivers, mainly to influential organizations, major companies, and pro-Democratic labor unions. Those less lucky or less well connected have a different option: Obey Obamacare.