Obamacare Is Not Permanent Yet. Not Nearly.

For opponents of Obamacare, there is hope. And not even unrealistic hope.

Obamacare can mostly be repealed if three things happen this year: Republicans keep the House, Republicans pick up the Senate, and Mitt Romney is elected president.

Each of these things are easily conceivable. And given the likelihood that Republicans and conservatives will be energized to a fanatical degree by the Supreme Court’s decision to uphold Obamacare, the possibility of all three happening together is far from remote.

Republicans do not need a filibuster-proof 60 seats in the Senate to repeal Obamacare. That’s because, as former George W. Bush budget official James Capretta explained in National Review last October, most of the Obamacare provisions are budgetary in nature and so can be run through what’s called the Reconciliation process, which only requires 50 votes.

Capretta wrote:

It’s true that Obamacare includes some provisions that, on their own, might be considered non-budgetary, but not nearly as many as some may think. The entire machinery of the coverage provisions — the individual mandate, the Medicaid expansion, the employer requirements — is entirely fueled by federal money (in the form of both subsidies and penalties). Moreover, the state exchanges and the regulatory apparatus they are intended to impose are also financed by federal taxpayers. [To] Repeal of all of these provisions, which are the guts of Obamacare, is plainly a budgetary matter, and therefore appropriate in reconciliation.

According to RealClearPolitics, some ten Senate seats in play are safely or lean Democratic, giving them a base – with seats not up for reelection this year, of 47. Republicans have a base of 45, with three seats either leaning or safely Republican. There are eight seats rated “tossups.”

And this was before the Supreme Court decision, and the heightened targeting of the Senate by conservatives that’s about to occur.

The battle over Obamacare continues.

Keith Koffler


Award winning journalist Keith Koffler has 16 years of experience covering Washington. As a reporter for CongressDaily, National Journal magazine, and Roll Call, Keith wrote primarily from the White House, covering three presidents and learning as few have the intricacies of the West Wing and the behavior and motivations of its occupants. While mainly stationed at the White House, he also extensively covered Congress and Washington’s lobbyists.

Keith has also written for a variety of other publications, including Politico, The Daily Caller, and The London Observer. He currently writes regular opinion columns for Politico. He blogs at whitehousedossier.com.

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  • Let us pray and put our good works into action!

  • Zoro

    Than God for the sanity of the Court. Excellent decision. Let’s hope the common candidate of the religious fanatics, village idiots and Wall Street crooks does not win.

  • A_True_Blue

    STEPHANOPOULOS:  That may be, but it’s still a tax increase.
    OBAMA:  No.  That’s not true, George.  … to get health insurance is absolutely not a tax increase. 
    STEPHANOPOULOS:  But you reject that it’s a tax increase?
    OBAMA:  I absolutely reject that notion.


     If there is nothing healthy about abortion inducing
    drugs sterilization and contraception, then it should not be in any
    health insurance at all for anyone. As well our tax dollars should not
    be covering it for anyone at all not in Medicaid, Title X or any other
    government program. The thing about it is that what society and the
    government says to women is that our natural bodily functions should not
    produce offspring and therefore we should take these drugs in order to
    stop that from occurring. They do not care about anyone’s health, they
    only care that no one gets pregnant. They do not care if there are side
    effects, they do not care if there are psychological consequences or if
    by taking them they give a false sense of security making young women
    think they are immune to the dozens of STD’s. If we do not stop this
    now, who knows what rights will be violated next.