Senate GOP Will Use Reconciliation in Attempt to Repeal Obamacare

June 28, 2012, The Foundry (Heritage Foundation)

Now that the Supreme Court has ruled that Obamacare’s health insurance mandate is in fact a tax levied on those who do not purchase insurance, Senate Republicans will look to repeal the full law through the budget reconciliation process.

Reconciliation was used to push Obamacare through the Senate in 2009. Generally reserved strictly for budget-related measures, it eliminates the possibility of a filibuster, meaning Republicans would only need 51 votes to repeal that portion of the law – or even the full law itself. (read more)

This is a very important point. If Republicans take the White House, hold the House as they are assumed to do, and win a simple majority instead of a super majority, they can repeal Obamacare.

While it would have been great if Obamacare at been struck down, I don't think the Supreme Court's ruling was a disaster. It severely limited the reach of the Commerce clause, it restricted punitive withholding of federal funds to a state, and it set the stage for a repeal of Obamacare by a simple majority. That is three silver lining to a disappointing ruling.  

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