For one thing, by reclassifying the individual mandate as a tax, Roberts made it much easier for a Republican Congress to repeal it without having to worry about a Senate filibuster. Tax matters can be passed via reconciliation with a simple majority of 51 votes, so Republicans no longer have to worry about finding 60 voters to end debate. That’s huge. It still requires the Republicans to keep the House, take the Senate and elect Mitt Romney president – but that’s still far more doable than finding 60 Senate votes to get rid of Obamacare.
Indeed, since Obamacare lacks severability clauses, I see no reason the entire bill couldn’t be repealed via reconciliation. Elect a Republican House, Senate and president in 2012 and Obamacare is 51 and done.
By Herman Cain
July 2, 2011