Day: June 29, 2012

Romney won’t have 60 votes in the Senate. But if he has 51, he can use the budget reconciliation process, which is filibuster-proof, to get rid of the law’s spending.

Ezra Klein reflects on President Romney’s potential chances and methods should he try repealing the ACA.
I’m not sure when, if ever, the DC Commentariat will get this through their heads: the next time the GOP holds the Presidency and a non-supermajority in the Senate, the filibuster will be eliminated approximately 30 seconds into the new Congress. Period, the end, carve it in stone.
Reconciliation won’t even be an issue with ACA repeal. It will be a simple majority vote, no filibusters allowed because there aren’t any allowed for any reason. Same with the functional elimination of Medicare, Social Security, and all the other Glibertarian wonders that await us under the Ryan budget plan when and if Romney wins. There’s simply no other way to get their preferred policies through, and the next time they have control of these levers of power they will get their policies through, no matter what it takes. Eliminating the filibuster will be among the more minor procedural changes and will be lost in the shuffle that heralds the end of the New Deal and basically all of the legislative 20th century.
Those are the stakes. Just when, exactly, will anyone in DC realize it? Sometime six to eight years after it all transpires, apparently. I’m assuming David Brooks already has an editorial in the can praising the end of filibusters. For Democrats, anyway.

Roberts Prevents Single Payer

Matt Yglesias makes a strong case re: the likely philosophical underpinnings of Roberts’ joining the more liberal members of the court to uphold the mandate. Namely that, in the absence of mandate, the Democrats would begin campaigning for Medicare for All. And they’d get it. Maybe not today, maybe not tomorrow, but almost certainly within a millennium or two, and then for a long time.

But! I don’t think nearly that long of a game is needed, though. Presuming Roberts was never going to gut the whole bill, knocking out just the mandate within the political system as currently figured does nothing so well as guarantee the end of the private insurance system we all know and love within 5 or 10 years. This is because, without a mandate, healthy individuals would have powerful incentive not to buy insurance until they are sick. Since the ACA already prevents insurers from refusing coverage for any reason, you’d simply buy insurance on the day you started needing it. That is, to say the least, an unsustainable business model. Some even called for a “poison pill” in the original law designed to create this situation such that even a GOP government would be forced into extending Medicare to all the moment even their constituents could no longer afford insurance premiums.

Roberts knew all of this. He knew he likely couldn’t simply gut the law without adversely affecting the public’s opinion of the Supreme Court in general and the Roberts court in particular, knew he furthermore couldn’t simply kill the mandate without also killing private insurance (gridlock essentially ensured this outcome), and decided the least of these was simply keeping the mandate and letting Congress sort it out. Which, as it happens, was exactly the right decision by any reading of the Constitution and precedent that my not-a-lawyer eyes can detect. Huzzah for democracy.

Roberts Prevents Single Payer