To answer your last question, I'll admit that I assumed (yes, I know: bad) that that is what he would do based on the actions of his predecessors, both Democrat and Republican. It's what they've always done in an attempt to sway the Supreme Court over to their respective ideologies or to at least balance it. It's been this way since I can remember.
If you're right about the president's choice, it would be refreshing, to say the least.
"They should rename the team to the Washington Government Sucks. Put Obama on the helmet. Line the entire walls of the stadium with the actual text of the ACA.
Fix their home team score on the board to the debt clock, they can win every game 17,000,000,000,000 to 24. Losing team gets taxed by the IRS 100%, then droned."