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Repealing Obamacare: Why Mitt Romney and the Republicans Will Come Up Short (From the Left)
PolicyMic ^ | June 29, 2012 | Michael Luciano

Posted on 06/29/2012 8:28:12 PM PDT by 2ndDivisionVet

Now that the Supreme Court has upheld the constitutionality of the Affordable Care Act, Republicans from Mitt Romney to Speaker John Boehner have pledged to repeal the ACA, which is set for full implementation by 2015. Until the decision was announced, it seemed almost unthinkable that the Supreme Court and its constructionist majority would deem a law giving Congress the power to mandate commerce a valid exercise of its constitutional powers. Four justices felt that the individual mandate, which requires every American to purchase health insurance or pay a fine, fell within the ability of Congress to regulate interstate commerce. Five justices did not. Of those five, however, one—Chief Justice John Roberts—agreed with the Obama administration’s argument that the fine actually constitutes a tax, thus giving Congress cover to enact the mandate (and the law as a whole) under its power to tax. And so, in the end this otherwise conservative court affirmed the legality of President Obama's signature piece of legislation.

From here, Republicans have virtually no viable options (at least in the near term) to prevent or stall the implementation of the Affordable Care Act. But that hardly means they aren’t going to try, or at least exploit it for political gain.

Within moments of the Supreme Court’s decision upholding the ACA, House Majority Leader Eric Cantor (R – VA) announced that during the week of July 9, the House of Representatives will hold a vote to repeal the ACA. This will be the 30th attempt by the House to repeal either part or all of the ACA. While the House will undoubtedly vote to repeal the ACA, from there the measure will go nowhere. The Democratic-controlled senate will certainly not vote to repeal. Furthermore, Obama would have to sign the legislation repealing his biggest legislative achievement. Thus, in order to realize the two and a half year old conservative dream of fully repealing the ACA, the Republicans would have to garner sweeping electoral victories this November.

That would mean that in addition to holding the House and Mitt Romney defeating Obama in the race for the White House, Republicans would have to take the senate and by a filibuster-proof majority. This is because for many major pieces of legislation, a simple majority vote no longer suffices for passage in the senate. According to the rules of the chamber, before a vote takes place on a bill, the senate has to vote on whether to have a vote. This is called cloture, and it requires 60 votes out of 100 (or three-fifths) to invoke. With the GOP controlling only 47 seats at the moment, Republicans would have to gain a virtually unprecedented 13 senate seats in November to secure a filibuster proof majority. Polls on these races indicate nothing of the sort will happen.

None of this is to say that conservatives won’t try their damnedest to accomplish this Herculean political feat, or make a good show of it, anyway. Brother energy tycoons Charles and David Koch have thrown themselves at the forefront of the battle. Americans for Prosperity, which they fund, has already launched a $9 million television ad campaign specifically attacking the ruling. On July 8, David Koch will hold a $50,000 per plate fundraiser at his Long Island mansion for Romney, who has also pledged to repeal “Obamacare,” the model for which was the health care plan Romney signed into law as governor of Massachusetts. And it was recently announced that casino mogul Sheldon Adelson, who had inexplicably poured tens of millions of dollars into the ridiculous presidential campaign of Newt Gingrich, has pledged $10 million to the Kochs’ efforts to defeat Democratic candidates. Even still, the Democrats have their own well-oiled fundraising operations, as Obama has raised more money than Romney.

While it’s conceivable the Democrats could lose the White House, the senate, and fail to take back the House, they will certainly not lose the 13 senate seats that would be required for a GOP filibuster-proof majority. That is, barring a party-wide collapse of epic proportions.


TOPICS: Campaign News; Issues; U.S. Congress; U.S. Senate
KEYWORDS: abortion; congress; deathpanels; obama; obamacare; romney; romneycare; romneycare4ever; romneycare4u; zerocare

1 posted on 06/29/2012 8:28:24 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet
As I said in another post why cannot we use the same tactics that the dimoKKKRATS used in passing Obamacare. Have the house send up a tax bill to the Senate. Then have the Senate insert the language necessary to repeal Obamacare. 60 votes not necessary this way. Then have the Senate send it back to the house for a vote with no reconsiliation. Then on the Romney for his signature.
2 posted on 06/29/2012 8:34:06 PM PDT by Parley Baer
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To: 2ndDivisionVet

[ That would mean that in addition to holding the House and Mitt Romney defeating Obama in the race for the White House, Republicans would have to take the senate and by a filibuster-proof majority. This is because for many major pieces of legislation, a simple majority vote no longer suffices for passage in the senate]

the Senate will repeal it through reconciliation. The SAME DAMN WAY IT WAS PASSED! Afterall, it is a TAX BILL! 51 Senate votes gets it done!


3 posted on 06/29/2012 8:34:06 PM PDT by KansasGirl
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To: KansasGirl

I doubt the tree of liberty will ever be fed again.


4 posted on 06/29/2012 8:37:40 PM PDT by bicyclerepair ( REPLACE D-W-S ! http://www.karenforcongress.com)
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To: 2ndDivisionVet
giving Congress the power to mandate commerce

Mandate this, he said (scene redacted for small children that might be scared).

I don't remember the founders giving that power to any part of federal gooberment.

We just gotta get rid of it. It's like the teenage son you have to send to a recruiter.

We don't need a federal government. At all.

/johnny

5 posted on 06/29/2012 8:37:49 PM PDT by JRandomFreeper (Gone Galt)
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To: bicyclerepair
It's being fed. You may not notice it, because the blood of patriots are feeding it right now... But when the blood of tyrants hits those roots, CNN will notice and report it.

/johnny

6 posted on 06/29/2012 8:41:23 PM PDT by JRandomFreeper (Gone Galt)
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To: 2ndDivisionVet
Or, We could do everything suggested here, but in addition, Romney could simply refuse to enforce Obamacare.

What could anyone do about it? Also, Romney through HIS HHS Secretary could WAIVE all United States Citizens, but then maybe require illegal aliens to pay the "penalty tax"

7 posted on 06/29/2012 8:42:41 PM PDT by Kansas58
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To: 2ndDivisionVet

Romney should be primaried if not repealed in full.


8 posted on 06/29/2012 8:48:00 PM PDT by Sybeck1 (John Roberts is the Anti Christ)
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To: 2ndDivisionVet
Four justices felt that the individual mandate, which requires every American to purchase health insurance or pay a fine, fell within the ability of Congress to regulate interstate commerce. Five justices did not.

From what I read of the opinion, Justices Ginsburg and Sotomayor were the only two who felt that the commerce clause empowered the individual mandate.

9 posted on 06/29/2012 8:48:04 PM PDT by Hoodat
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To: Parley Baer
why cannot we use the same tactics that the dimoKKKRATS used in passing Obamacare

The media has two sets or rules, one set to apply to Democrats and the other set to stick it to Republicans with.

10 posted on 06/29/2012 8:49:38 PM PDT by oyez ( .Apparently The U.S. CONSTITUTION has been reduced to the consistency of quicksand.)
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To: 2ndDivisionVet

I think the question we all need to be asking is:

“Where is my free health care, Mr. Obama?”

I went to the doctor and paid $2,000 this afternoon.

The question is:

“Where is my free health care?”

The army of drones that thinks this will work should ask:

“Where is my free health care?”


11 posted on 06/29/2012 8:50:24 PM PDT by NYCslicker
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To: 2ndDivisionVet

I am confident pubbies will take the prez, keep the house, and take the senate. That will easily be enough to repeal boneheadcare via recon, but will they have the cojones to do it against the heavy artillery fire from the msm?


12 posted on 06/29/2012 8:50:51 PM PDT by HerrBlucher ( Don't feed the commies.........your tears. Think about it.)
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To: 2ndDivisionVet

In order for this to work, (obviously) Obama must lose. A veto-proof majority is impossible, and by 2017 the people will be too hooked on the goodies that no politician will dare repeal it. I hate Willard, but this is our only shot.


13 posted on 06/29/2012 8:57:27 PM PDT by PAConservative1
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To: bicyclerepair
I doubt the tree of liberty will ever be fed again.

Jefferson also said that "The natural progress of things is for liberty to yield and government to gain ground."

So the natural direction of government is tyranny, and living free and individual liberty is so low of a priority among the public that it is never even mentioned. People fight for the method they can surrender liberty to the government.

You are right about how the "tree of liberty" will never be refreshed again, not enough people want to live free.

"DEPENDANCE" is the new war cry of the general public.

14 posted on 06/29/2012 9:01:25 PM PDT by GregoTX (Federalist)
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To: 2ndDivisionVet

I agree with the content of this article. The difficulty to repeal is overwhelming. However, it will energize the conservative base and maybe, just maybe in a period of time, conservatives will learn how to reach out and inform the great masses of another alternative. If not . . . Welcome to Socialist Republic of Divided States!


15 posted on 06/29/2012 9:01:41 PM PDT by saywhatagain
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To: 2ndDivisionVet
Filibuster is simply a Senate rule. It can be suspended or dismantled. There is no reason at all for the filibuster to be allowed to stand. Also, defeat enough Democrats this fall, other Democrat Senators in red states who survive will get the message
16 posted on 06/29/2012 9:06:47 PM PDT by MNJohnnie (Giving more money to DC to fix the Debt is like giving free drugs to addicts think it will cure them)
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To: MNJohnnie

A tax bill cannot be filibustered. And every liberal on the Court has now affirmed this to be a tax bill. And even if it doesn’t get repealed right away, it as a tax will be subjected to a myriad of legal challenges such as equal protection in application, forcing one to pay someone else’s tax, etc.


17 posted on 06/29/2012 9:16:47 PM PDT by Hoodat
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To: 2ndDivisionVet; Liz; AT7Saluki
Republicans would have to take the senate and by a filibuster-proof majority.

The ball is now in the Republicans' court. They've already scheduled a repeal vote on July 11. Once before the Democrat-controlled Senate was able to scotch the effort by threat of filibuster. Had the mandate stood as mandate they could do so again. But now that it's a tax, it can be passed by a simple majority.

http://www.freerepublic.com/focus/f-bloggers/2900927/posts

18 posted on 06/29/2012 9:18:26 PM PDT by Libloather (The epitome of civility.)
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To: MNJohnnie

Repeal the 17th Amendment, first.


19 posted on 06/29/2012 9:21:54 PM PDT by quantim (Victory is not relative, it is absolute.)
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To: quantim; All
 

20 posted on 06/29/2012 9:37:50 PM PDT by potlatch (~~And the truth IS what counts, RIGHT ? ~~)
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To: 2ndDivisionVet

Hasn’t Romney already asserted that, if elected, he would grant
a BOcare waver to all states?


21 posted on 06/29/2012 9:55:36 PM PDT by Sivad (NorCal Red Turf)
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To: 2ndDivisionVet

If one vote was enough to get ObamaCare then why wouldn’t one be enough to repeal it? here’s a recap of how we got where we are today...

March 21, 2010: “Should Republican Scott Brown win Tuesday’s Senate race in Massachusetts and break the Democrats’ supermajority in the Senate, Congressional Dems could pass a final health care reform bill before Brown is seated, House Majority Leader Steny Hoyer (D-Md.) told reporters at his weekly press briefing Tuesday.

And if that means the House h...as to rubber-stamp the weaker reform bill that came out of the Senate, he said, “the Senate bill clearly is better than nothing.”

Under procedural statutes, Massachusetts officials could buy some time for Congress to pass health care by delaying the certification of a Brown victory. If everything drags out as long as possible, Democrats would have about two weeks to get the final bill to President Obama’s desk.


22 posted on 06/29/2012 10:22:48 PM PDT by ThirstyMan
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To: ThirstyMan; Brown Deer; melancholy; Nachum

Holder Refuses to Provide Testimony on Kagan’s Involvement in Obamacare

http://www.care2.com/c2c/groups/disc.html?gpp=22121&pst=1594668

Klayman To Seek Indictment Of Justices Roberts and Kagan Before Citizens Grand Jury

http://news.yahoo.com/klayman-seek-indictment-justices-roberts-kagan-citizens-grand-174411247.html


23 posted on 06/29/2012 11:25:11 PM PDT by Whenifhow
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To: PAConservative1
by 2017 the people will be too hooked on the goodies that no politician will dare repeal it.

By 2017 we will be in a Deep Depression thanks to this monstrosity completely ruining the economy

Hooked on goodies --hell they will be happy if they have food on the table

The 30s will seem like boom times compared to what we are headed for
24 posted on 06/30/2012 5:54:54 AM PDT by uncbob
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To: 2ndDivisionVet
That is, barring a party-wide collapse of epic proportions.

Here's to that!


25 posted on 06/30/2012 5:58:27 AM PDT by Cincinatus (Omnia relinquit servare Rempublicam)
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To: All

The guy is an idiot. Obamacare was passed in the Senate using reconciliation, a simple majority is required. Do not need a filibuster proof Senate.

It can be repealed using the same procedure...


26 posted on 06/30/2012 7:15:54 AM PDT by Hotlanta Mike (Resurrect the House Committee on Un-American Activities (HUAC)...before there is no America!)
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To: Whenifhow; LucyT; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; HANG THE EXPENSE; Nepeta; ..
Repeal of 0b0z0CommieCare Ping..................

That would mean that in addition to holding the House and Mitt Romney defeating Obama in the race for the White House, Republicans would have to take the senate and by a filibuster-proof majority.

Thank you, Whenifhow.

I think I heard Michelle Bachman on FOX saying that the repeal doesn't need 60 votes in the Senate. She repeated by saying to tell the people that, the 60 Senate votes are NOT needed and that 51 votes to pass the House repeal bill will repeal 0b0z0CommieCare.

Well, this would be a great incentive for us to capture the Senate.

27 posted on 06/30/2012 8:55:34 AM PDT by melancholy (Professor Alinsky, Enslavement Specialist, Ph.D in L0w and H0lder)
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To: melancholy

I think the lower threshold for repeal will come back to haunt proponents of the legislation. In theory, a repeal of the ACA could be on the president’s desk before November’s election — there are quite a few Senate Democrats up for re-election this year. The 51-vote threshold for repeal is not an impossibility.

Read more: http://www.americanthinker.com/2012/06/still_a_bfd_obama_loses.html#ixzz1zILFO01x


28 posted on 06/30/2012 9:29:46 AM PDT by Hotlanta Mike (Resurrect the House Committee on Un-American Activities (HUAC)...before there is no America!)
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To: melancholy

Roberts just upheld a law that creates 159 agencies, hires 16,000 IRS agents and has in it this little blurb: “...whatever the Secretary deems appropriate.”

We are serfs to liege lords now.


29 posted on 06/30/2012 9:35:14 AM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: melancholy

Live by reconcilliation, die by reconcilliation.

Remember, regardless of what Obama’s thugs say, Obamacareless is now a tax. That means 60 votes are not needed.


30 posted on 06/30/2012 2:37:57 PM PDT by Absolutely Nobama (The Doomsday Clock is at 11:59:00......)
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To: combat_boots

“We are serfs to liege lords now.”

Never. I’m not giving in. I am seriously considering canceling my insurance, despite the fact that it’s really good and relatively cheap.

Catch me if you can, Barry......


31 posted on 06/30/2012 2:42:23 PM PDT by Absolutely Nobama (The Doomsday Clock is at 11:59:00......)
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To: Hotlanta Mike

What a great article, send it on to everyone in email lists and face book it, tweet it, print it out, hand it out, get it out there.


32 posted on 06/30/2012 6:54:35 PM PDT by sweetiepiezer
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To: LucyT

Ping and bump to post #28


33 posted on 06/30/2012 6:58:05 PM PDT by sweetiepiezer
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To: 2ndDivisionVet
Here's an excerpt from an article in the New Yorker entitled "Why Romney Won’t Repeal Obamacare" (Google it).

The author also argues that reconciliation would not be applicable.


Many Republicans, especially in the blog and talk-radio swamps, would cry, “Use reconciliation!” Readers familiar with the congressional debates of 2009-2010 will remember that this procedure allows certain budgetary measures to pass through the Senate with a simple majority. (After Ted Kennedy died and was replaced by the Republican Scott Brown, Obama and congressional Democrats used the reconciliation process to make some final, crucial changes to the health-care law.) But reconciliation wouldn’t work here—the process can only be used for policies that have budgetary effects and a C.B.O. score. Much of the A.C.A., such as the insurance exchanges and subsidies, would fall under these categories. But a lot of it, including the hated individual mandate, does not. Repealing the exchanges and subsides without repealing the mandate and the other regulations and cost controls in the law would create a health-care Frankenstein that a President Romney would be rather nuts to support.

If the Supreme Court had gutted the law today by throwing out the mandate and the regulations and several of the other “non-scoreable” items, a President Romney with a G.O.P. Congress might have had a relatively easy time finishing the job of killing Obama’s law, even without sixty votes in the Senate. But today the Court did two things that make repeal of the A.C.A. nearly impossible now: it has given its not-inconsequential stamp of legitimacy to the law, and it has made the parliamentary path of repeal through Congress highly unlikely and probably impossible, at least in the near future.

Far-sighted conservatives always thought that their great hope for toppling Obama’s most important legislative achievement was through the courts. They were correct.


I have no idea how accurate this argument is, but it's apparent that it's being tossed around.
34 posted on 06/30/2012 7:05:29 PM PDT by Bratch
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To: 2ndDivisionVet
Assuming Romney wins and both the House and Senate have GOP majorities, I do not worry so much about a filibuster in the Senate. Public opinion will be so against Obamacare that all but the most hardened Democrats will fear using it. Remember how Sen. Ben Nelson was booed out of a Lincoln, NE eatery after his pivotal vote for Obamcare? That is what opponents of the repeal can expect only worse.
35 posted on 07/01/2012 7:26:21 AM PDT by The Great RJ
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