Thursday, July 5, 2012

Justice Roberts Potential Gift To The GOP: Budget Reconciliation

From the day that the Patient Protection and Affordable Care Act (aka ObamaCare) was passed into law, the Democrats always felt secure in the fact that it could never be overturned by the Republicans (GOP).  Because the formula to do so would be nearly impossible.  And, that formula would have to be "all" of the following:  (1) a majority of seats in the House of Representatives; (2) a sitting Republican president; and, (3) a filibuster-proof, 60-seat voting majority in the Senate.  Their only fear was that ObamaCare could be found unconstitutional by a conservative-dominated Supreme Court.

But, when the Chief Justice of the Supreme Court, John Roberts, sided with the court liberals and ruled that ObamaCare was primarily a taxing law,  the most difficult aspect of the above formula,  a 60-vote filibuster-proof majority in the Senate, was just thrown out the window.  No longer was ObamaCare a law that was constitutionally founded in the Commerce clause and subject to filibuster rules of the Senate with a 60-vote majority needed to override any filibuster.   Instead, the law has now become a taxing and budgeting issue; subject to the Senate rules for Budget Reconciliation where filibustering doesn't apply.  So, all that's needed to overturn ObamaCare in the Senate is a simple majority of Republicans.

But, let's not forget that Roberts' gift is only a gift if the Republicans maintain control of the House and gain control of the Senate and get Mitt Romney elected president.  Otherwise, ObamaCare will remain the law of the land. Let's also never forget what damage the Roberts' decision did.  For evermore, the Congress of the United States can now tax any of us for not doing or buying something.

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