Posted on 06/29/2012 9:49:46 AM PDT by Rufus2007
On “The Matt Murphy Show” on 100 WAPI in Birmingham, Ala. on Friday, Alabama Sen. Jeff Sessions, the ranking Republican on the Senate Budget Committee, said that repealing Obamacare in the wake of yesterday’s Supreme Court decision will be easier now that it has been declared constitutional under Congress’ powers of taxation.
Given that the decision has converted the law into a budget issue, Session said he now subscribes to the belief that the Senate will be able to repeal Obamacare with a simple 51 votes, instead of the 60 normally required to overcome a filibuster.
“I believe a simple majority in the Senate with a strong president who leads and some of the abilities we have on budget reconciliation dealing with debt and taxes — I believe could be passed with a simple majority,” Sessions said. “I believe in effect, this legislation can be killed and we need to start over. We need to look at what we need to do to make health care more competitive and less expensive.”
...more (w/audio)...
(Excerpt) Read more at dailycaller.com ...
Since it was passed under reconciliation, repealing it under the same rules seems like a no-brainer.
I think Sen. Sessions has a valid point here. If I recall correctly, there was a dispute over whether 0bamacare budgeting for 2012 could be altered by act of Congress, and everyone said “no” because is WAS budget reconcilliation or whatever that is.
So, if it is a budget matter, the repeal should not be subject to fillibuster.
My main concern is with Romney’s statement of “repeal and replace.” The concern is that the GOP legislators will fall for the democrat gambit “no repeal until we decide on what to replace it with.” You know that’s how the game will be played. If the GOP falls for that, there will never be a repeal.
Given the size of the loophole Roberts defined in the Constitution through which this Obamacare fiasco could be found to be “constitutional”, no problem with anything ever again being ruled as unconstitutional. The gates are probably down for good now.
All the findings now will be for “legal” or “illegal”. Right and wrong or any moral concept at all have become moot, and case law shall rule from now on.
SCOTUS may not have made itself irrelevant, but they sure painted the institution into a corner.
Its going to be a major gonad test if we get a pubbie prez, house and senate. They will have no excuses and the artillery fire from the commies will be heavy.
Neither Barack Obama, nor Mitt Romney will be a strong POTUS, and the GOP is, still, divided among: conservatives, RINOS, establishment Republicans, elitist Republicans, and Libertarian Republicans.
Nice.
A republican president
A republican senate
A republican house
All we’d need would be the will...
Exactly. Not as easy as an outright SCOTUS ban now, which I would have preferred, but probably more effective in the long run (see next point).
does the SCOTUS have to take this up again in 3-4 years to determine if the repeal will be constitutional?
I think this SCOTUS decision eliminates any future constitutional issue. Even the appellate Courts will have to deem a repeal as 'Constitutional' since it is defined as a legislative tax rather than a constitutional question. The question won't even get to SCOTUS again.
Let’s assume GOP takes the Senate and the White House, while retaining the House. Romney works with Senate and House, gets the monstrosity repealed in a few days, then take a guess what might happen 4 years later....or eventually.......Dems retake control again.........the ugly monster is put right back on the books again. Sorry, but we are beyond the ballot box for any LASTING solutions. Yeah, I’ll vote but I have no pretentions about a serious solution coming via the ballot box.
In the meantime we should have fun with this ruling.
Tax everyone over 18 that does not have a personal firearm. Excepting active duty military. Money goes to debt principal and then is apportioned to the State Militias.
Tax everyone over 16 who does not own a internal combustion, highway capable vehicle. Money goes to highway maintenance fund.
Tax everyone over 18 who does have a hunting and/or fishing license. Money goes to national parks and wilderness areas.
See the possibilities?
Not a single Republican voted for Obamacare and Romney is on record multiple times saying he will repeal. So all we need to do is elect Romney and a couple of extra R senators and it's gone.
Yes, and therefore if any of the justices will have left the court by the time it comes up for review, the judicial outlook (or, as I prefer to regard it, the integrity) of the new appointments to the court will be critically important.
No because it was determined it was a tax.
To dream the impossible dream...
Zero and his minions will push the “it’s not a tax” line so any attempt to repeal it would need 60 votes in the Senate instead of a simple majority.
Tax everyone who doesn’t own a car. The libs in NYC will love that one. ; )
it ain’t gonna happen “Those nasty republicans - NOW they’re coming for your healthcare!”
SCOTUS has pretty much endorsed an institutionalized slave state enforced by the IRS. The government must be severely limited now in it’s ability to tax us and on what to spend our monies on. This is going to take much more than an election to resolve. They will not give up their new and unlimited power over us easily.
Forget Congress! What we need are governors of conservative states to stand up to the feds. We have been duped into thinking changing who is in charge in D.C. will make all the difference, but things have gotten worse no matter which party was in charge.
Nullify now! Threaten to secede, if necessary. Until the states are willing to fight for us, we will continue to be victimized by the federal government.
And give up the additional tax monies, patronage, and power associated with the new insurance pools and expanded Medicaid? I admire your optimism!
No, it's a budget issue, not a legal one so it can't be challenged in court. What Roberts basically did is punted the ball back to Congress and told them "you can't mandate participation in Obamacare but if you want to make it a taxing issue, it's legal".
So now Congress must fund it each year or repeal it.
I think the House (since there is no passed budget during these years of lawlessness) needs to submit a budget ASAP that repeals ObamaCare and forces Democrats to vote on it.
The Senate Republicans should try it too but, of course, Reid will squelch it so it never comes up for a vote.
Wow, you really know how to hurt a girl. ;-)
I don’t have any faith in politicians, but there are some states that have such a large majority of conservative voters that they may be forced into fighting Obamacare. Things could get very interesting if states start refusing to send tax money to D.C. but keep it home instead.
I’m not an optimist... just desperate.
I agree wholeheartedly. Another thread suggested a Constitutional Convention, but as one person rightly pointed out, that could makes things vastly worse. Secession, while risky, seems better.
Political egos and power lust get in the way of doing the right thing. Couple that with the new social demographic that 47% of the country is now on the government payroll in some form or fashion, you have a new normal that America is no longer a middle-right leaning nation. The ACA is the law of the land and will forever be, not withstanding how the law came to be.
There is no longer any reason to adhere to rules, the spirit of the law, the law, or intellectual honesty. The Republic is dead and the Constitution has been discarded by the Leftists.
If we are not going to live in a free country, then I damned sure intend to be in charge.
Oh, no, no ruffled feathers here. Just jokin’ with you.
I agree with what you said. I guess I’m just holding out hope that our children and grandchildren won’t have to find some other country in order to be free. Problem is, I have no idea where that would be. *sigh*
NO!! NOT a GOP majority. They are spineless and untrustworthy.
Tea Party majority, YES!!
GOP majority, H&%& NO!!!
Romney = Obama-lite
Romney = RomneyCare
So, where is this strong president you speak of?
Congress must authorize spending to enforce each law. When Congress didn't get what they wanted (Communist victory) in 1973, they simply cut funding to the U.S. troops. It works both ways.
Republicans do not need 60 senators to repeal Obama/Roberts’ Care. The Dems passed it with 51 by using the reconciliation route, and so can the GOP. If they don’t, they aren’t trying. What’s fair for the goose is fair for the gander....unless the gander is clueless.
Interesting.
A thought: if we can get the congress to withhold funds from obama”care” then the law can stay on the books but can’t be implemented or enforced because it isn’t funded.
This would allow time to work the repeal by-the-book if so necessary.
The Rats will object, but the president of the Senate (Vice President Rubio?) will overrule them and it will be voted as a tax needing only 51 votes.
Here’s what I suggest Republicans then do ....
Draft a Healthcare Bill of their own. Name it. Brand it. And SELL IT. Make it smart, efficient, a plan guaranteed to lower COSTS. I have no idea what to do with Medicare and Medicaid .. .I personally would like both of these to be torched . . . but there needs to be a plan.
Obama DID “market” his plan, in a way. Hell, we “marketed” it for him.
Time to come up with our OWN — and label it. Give people a true choice between two separate plans.
I dunno. Right now this POS ACA is all they have — and too many are loving it for all the freebies it will bring them, but they are clueless as it what it really means for them.
Republicans, if they were serious — would get going on something of this nature. If not, they will be seen as offering no alternative, (even though we know they’ve explained the alternatives over and over ....)
Americans have to be marketed to — it’s how their brains are wired at this point. Republicans need to then market it in a HIGHLY simply way, for the peabrains of this country to understand.
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