Could this lawsuit succeed?

[Saint_Cad]

OK finally found what I was looking for. It was originally under the Exchange website and I couldn’t find it again.

UNDOCUMENTED IMMIGRANTS

No federal coverage.

Not allowed to purchase private health insurance at full cost in state insurance exchange(s).
Not eligible for premium tax credits or lower copayments.
Exempt from individual mandate.
Not eligible for Medicare, nonemergency Medicaid, or CHIP.
Remain eligible for emergency care under federal law.
Eligible for Emergency Medicaid if low-income. 
Citizen or lawfully present children of undocumented parents are eligible:
    To purchase from the state insurance exchange.
    For premium tax credits and lower copayments.
    For Medicaid or CHIP.
May seek nonemergency health services at community health centers or safety-net hospitals.

So on the surface of it, seems straight forward. Illegal immigrants cannot benefit from the exchange and so they are not penalized for not having insurance. Case dismissed. However, it seems to me that the problem is that the requirement to have to have insurance is a burden to some and thus some people are penalized for being a citizen. In other words, an illegal alien can choose whether or not to have insurance but they cannot be guarantied access to insurance if they want it and are uninsurable [or cannot afford it!]. A citizen must have insurance and if they are not insurable (or meet certain cost formulas as an individual) they are given the benefit of automatic acceptance. For me there’s no difference and for my son (on his own policy, it will be replaced with an ACA compliant one that on the exchange is the same price as his current one). But what about my wife who was not able to get insurance on her own except through work? Because of her age and weight, she was denied insurance on her own. “So ACA works out for you, Cad.” No because after 10 years of playing the conventinal medicine/insurance game for her weight/hormone issues, she found a doctor willing to treat her hormone (and through that we think weight) issues but he doesn’t take insurance. So Mrs. Cad has to pay the doc out of pocket PLUS carry insurance or pay the fine. If she were an illegal immigrant, she could just pay out of pocket and get free emergency care.

But that’s not to say “discriminating” against her as a citizen is illegal and certainly her case is rare (though not unique). There’s just something there that I can’t quite put my finger on that says “This can’t be right/legal/ethical.”