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Will Republicans use reconciliation to try and repeal Obamacare?

Posted on 11/6/14 at 9:33 pm
Posted by Revelator
Member since Nov 2008
57714 posts
Posted on 11/6/14 at 9:33 pm
Hot Air


quote:

A Republican-majority Senate could simply use reconciliation, the same procedure used by Democrats in 2010 to pass the law, to un-pass it. Why, Robert Reich and his friends at MoveOn are already on guard for this sinister possibility, having suffered a collective brain injury that prevents them from remembering how lefties used the same means to get ObamaCare enacted. All we need is 51 votes!
This post was edited on 11/6/14 at 9:36 pm
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 11/6/14 at 9:35 pm to
need to keep some of it, like can't be dropped if you get sick.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 11/6/14 at 9:39 pm to
Supreme Court might be taking another whack at it....

quote:

This past Monday, when most of the nation was focused on the midterm elections, the Supreme Court hinted that it could be taking seriously the latest right-wing challenge to the Affordable Care Act. In King v. Burwell, ACA opponents have asked the high court to overturn the Fourth Circuit Court of Appeals’ rejection of their argument that ACA tax credits and subsidies are illegal on federally managed state insurance exchanges (of which there are 34 or 36, depending on how one counts). Most court-watchers had expected that the Court would deny ACA opponents’ request. The justices’ standard practice is to wait and remain above the fray, until and unless a split among the circuit courts materializes. However, on Monday, the Court neither denied nor granted review, instead “re-listing” King for consideration at its next internal conference, this coming Friday, November 7.


LINK
Posted by redandright
Member since Jun 2011
9604 posts
Posted on 11/6/14 at 9:51 pm to
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 11/6/14 at 9:52 pm to
quote:

need to keep some of it, like can't be dropped if you get sick.

Probably better to repeal the whole thing and start from scratch...with a bill that they will actually read before passing.
Posted by OldTigahFot
Drinkin' with the rocket scientists
Member since Jan 2012
10500 posts
Posted on 11/6/14 at 9:59 pm to
quote:

Probably better to repeal the whole thing and start from scratch


That would be great if they had won enough Senate seats to override the inevitable veto.

Best strategy is probably to attack it piece by piece.


Posted by Old Hellen Yeller
New Orleans
Member since Jan 2014
9414 posts
Posted on 11/6/14 at 10:04 pm to
quote:

Will Republicans use reconciliation to try and repeal Obamacare?


I think you'll see attempts at reform rather than outright repeal. Campaigning on repeal in your deep red district is one thing, but actually going through with it in DC is another. Removing millions of people from their Obamacare policies and bringing back problems such as the preexisting condition and whatnot could be a clusterfrick best avoided.
This post was edited on 11/6/14 at 10:06 pm
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42475 posts
Posted on 11/6/14 at 10:09 pm to
quote:

enough Senate seats to override the inevitable veto.

I'd like to see them try this - get every DEM senator on record - if they uphold the veto, let them justify it to their constituents in the next election.

The GOP should keep sending bills to the POTUS for signature or veto - NO COMPROMISES with the duplicitous one. Let the DEM senators decide if they want to end their careers by upholding the veto.

I don't want a SINGLE compromise with Obama. Not a one.

Elections have consequences - or so I have heard.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42475 posts
Posted on 11/6/14 at 10:11 pm to
quote:

attempts at reform rather than outright repeal

I don't totally object to this approach.

Unless the GOP has a health care bill ready to replace it, it may be the only pragmatic way to handle the mess.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39820 posts
Posted on 11/6/14 at 10:12 pm to
I'm down with it.

I get the feeling the electorate is still hanging on to the promises of 2012 R's who said repeal and replace was the plan.
Posted by NHTIGER
Central New Hampshire
Member since Nov 2003
16188 posts
Posted on 11/6/14 at 10:21 pm to
There's a catch here.

The Patient Protection and Affordable Care Act was signed into law by Obama on March 23, 2010. That was BEFORE the reconciliation process was completed.

Reconciliation was used to pass the Health Care and Education Reconciliation Act of 2010, which was signed into law by Obama a week later, on March 30, 2010.

We would have Obamacare even without the reconciliation process, it would just look different. Some Dem. House members refused to pass the Affordable care Act as it was presented to them on March 21, 2010, so on that day the House passed both the Affordable care Act AND the Health Care and Education Reconciliation Act of 2010. Obama, Reid and Pelosi had to pledge to those Dems that the amendments they wanted put in place regarding Obamacare would , via reconciliation to avoid the then-unattainable 60-vote cloture rule which was lost when Brown was sworn in to the Senate, be approved by the Senate on the 51 vote majority rule and be signed into law, which it was one week later. This is an important distinction. Again, the Affordable Care Act , i.e., Obamacare, was signed into law prior to the reconciliation process taking place to amend certain parts of it that were not palatable to a small group of Democratic congressmen. Thus, the reconciliation route could only be used to undo the amendments to the Act specified in the Health Care and Education Reconciliation Act of 2010, and not the ACA itself.
This post was edited on 11/6/14 at 10:34 pm
Posted by TOKEN
Member since Feb 2014
11990 posts
Posted on 11/6/14 at 10:37 pm to
What amendments would be taken out?
Posted by TOKEN
Member since Feb 2014
11990 posts
Posted on 11/6/14 at 10:46 pm to
quote:

Some portions, and perhaps all, of the Affordable Care Act may be immune to attack via Budget Reconciliation because they fall under these restrictions. For, example, the current law reduces the deficit over time. Any changes might result in increasing the deficit which would not be allowed under Budget Reconciliation. Also, provisions of the act like restrictions on insurance companies being able to deny coverage for pre-existing conditions probably would be exempt since they don’t produce a change in federal outlays or revenues. The Senate’s Parliamentarian, Elizabeth MacDonough will have to rule on whether the changes in any repeal legislation met the requirements for Budget Reconciliation. If she reuled they did not, the Republicans would need 60 votes to override her ruling, something Republicans would not get.

However, many of the key provisions of the law – including the individual mandate to purchase health insurance, the creation of insurance exchanges where low-income families can buy subsidized policies, and Medicare and Medicaid funding measures –probably would meet the reconciliation requirements.

In short, the Republicans probably could repeal some, but not all, of Obamacare using Budget Reconciliation. Unfortunately, the provisions they could repeal would be some of the most critical to the operation of the law.



LINK
Posted by NHTIGER
Central New Hampshire
Member since Nov 2003
16188 posts
Posted on 11/6/14 at 11:13 pm to
quote:

What amendments would be taken out?



Really a long and very tedious answer to that question.

Read the summary here to see the changes made to the original ACA passed into law.

LINK ;

And remember, the process would also involve requiring the bureaucrats at HHS to go back and change thousands of pages of regulations promulgated as a result of the changes created by this second piece of legislation.

Keep in mind that Obama and Pelosi wanted the original ACA to stand as it was passed, and only agreed to the changes seen here as a way to get the final group of House Dems to agree to vote yes on the ACA itself. (as stated above, both bills were passed on the same day one after the other in the House.) So canceling out the Health Care and Education Reconciliation Act of 2010 via reversing the reconciliation process actually would leave us with the even worse version that is the ACA minus the amendments!
Posted by TOKEN
Member since Feb 2014
11990 posts
Posted on 11/6/14 at 11:18 pm to
Well, the individual mandate is in trouble.

This essentially guts the bill.
Posted by NHTIGER
Central New Hampshire
Member since Nov 2003
16188 posts
Posted on 11/6/14 at 11:40 pm to
quote:

Well, the individual mandate is in trouble.


The Reconciliation bill lowered the individual mandate amount that appears in the Affordable Care Act. Under the ACA, for 2014 it would have been $495 but the amendment act reduced that to $325. For 2015, the ACA set the individual mandate amount at $750, while the reconciliation amendments lowered it to $695. Both examples of how leaving the ACA in place and getting rid of the amendments act would only make Obama smile. He didn't want to sign the Health Care and Education Reconciliation Act of 2010 ("the reconciliation bill"), but he had to because he promised his own party leaders he would, since that was the only way to get the ACA passed.
Posted by Matrixman
Texas
Member since Apr 2010
719 posts
Posted on 11/7/14 at 6:52 am to
Repeal the mess. Then start over and fashion a new law. Just keep the government OUT of healthcare. Let private sector run healthcare. Let the doctor service the patient instead of working for the government.

While we're at it.

IMPEACH THE FRAUD.

Posted by Revelator
Member since Nov 2008
57714 posts
Posted on 11/7/14 at 6:58 am to
Certainly at the very least, the Republicans could defund it, couldn't they?
But if McConnel and Boehner are still chosen to lead either side, I have no confidence in anything getting done.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51215 posts
Posted on 11/7/14 at 7:00 am to
quote:

Probably better to repeal the whole thing and start from scratch...with a bill that they will actually read before passing.


What about the people who are already on the insurance rolls and are directly benefiting from Obamacare?
Posted by TOKEN
Member since Feb 2014
11990 posts
Posted on 11/7/14 at 7:12 am to
quote:

What about the people who are already on the insurance rolls and are directly benefiting from Obamacare?


What about those people thrown off their previous insurance that were told they could keep it? The only people that like ObamaCare are being subsidized by those thrown off their insurance policies and forced into the ACA.
This post was edited on 11/7/14 at 7:14 am
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