The question is will the law be able to be repealed which is unlikely by any scenario one can reasonably see in play. So what is the point how he got there. Show me one way the Republicans can do this without having to deal with a filibuster at some point on parts of the law? If Obama is re-elected or the Democrats hold 50 or more Senate Seats the fight is over.
I think we can agree the odds of eleven Senate seats changing hands is so remote as to not be considered likely at all so lets assume that is off the table.