The Donkey
New member
Since the law was validated as a tax, the senate would only need a %51 majority to repeal it. I'm confident we will see yet another shift of power into the hands of the republicans.
The Supreme Court did not really validate "the law" as a tax: what it did was to hold that the "healthcare mandate" provision in the law was within the Constitution's Article I taxing authority.
For the purposes of the Senate's internal rules, the whole law cannot be a tax for the same reason that SCOTUS held it is not a tax under the Anti-Injunction Act: the law SAYS that it is not a tax and the statutory language governs.
As the WAPO article I link to above explains, most of the law cannot be repealed under reconciliation. But some key provisions in the law could be gutted that way, and that would cause other provisions not to work right: and yes, a hostile President and two hostile houses of Congress could -- through reconciliation, regulations and lawyerly shenanigans -- seriously screw up the law's implementation.
My guess: those republicans would find that things do not go so well for them after that.
More significantly: things would not go so well for anybody.