According to the views of some smart experts
on TV today, now that the Supreme Court has ruled that the individual mandate
penalty is really a "tax," instead
of it taking 60 Senate votes to repeal Obamacare, Congress can defund Obamacare
by a simple 51 vote Senate majority through the process of reconciliation. That is a much lower threshold. If
Republicans hold the house, gain a simple majority in the Senate (or maybe peal off a Democrat vote or two?) and take the
Presidency, then Obamacare can be effectively repealed simply by repealing the
funding.
The Supreme Court's ruling limiting the elasticity of the Commerce
clause and the ruling restricting Congress's ability to withhold a whole class
of funds because a state will not comply with an optional federal policy are both victories for conservatives. If the interpretation of the experts
regarding the ability to defund the program by a simple 51 vote Senate majority
is correct, then this throws the issue back into the political arena.
The Supreme Court Obmacare ruling may
have been a victory after all.
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