Here’s How to Save Obamacare
DONALD TRUMP CAMPAIGNED on a promise to repeal President Barack Obama’s health care law. In fact, he vowed to ask Congress to deliver a full repeal “on day one.” Can he do that?
Well, no one can stop him from asking. But can Congress make it happen? Even a Republican Congress? The answer turns out to be sort of complicated. The legislative basics I’m about to spell out apply to everything Trump wants to do, so if you’re following along at home, here’s what to watch for over the next few months.
Let’s take the easiest option first. The only thing stopping Congress from a simple and total repeal of Obamacare is the fact that Democrats can filibuster any repeal bill in the Senate. Republicans need 60 votes to override a filibuster, and they don’t have them.
But what if they abolish the filibuster? Democrats got rid of it for lower-court judicial nominees and executive appointees in 2013, and Republicans could do the same for ordinary legislation if they wanted—because, ironically, you can’t filibuster a vote to eliminate the filibuster. If Republicans do this, the Obamacare question is simple: It’s dead. Congress merely has to pass repeal legislation with a simple majority and send it to President Trump’s desk for
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