Senator Ben Sasse’s “Winding Down Obamacare Act,” which was introduced on March 4, 2015, has a specific provision to block the President’s pen and phone:
SEC. 3. PREVENTING BUREAUCRATIC WORKAROUNDS.(a) In General.—The Secretary of Health and Human Services shall not enter into a new contract with a State to make available to the State technology that is otherwise utilized as part of the Federal health insurance exchange established under section 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18041).(b) Rule Of Construction.—Nothing in subsection (a) shall be construed to prohibit a State from establishing a State-based Exchange.
For more on executive overreach in the face of a King defeat, see the White Paper I wrote for the Federalist Society.