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May 22, 2013 | 11:14 AM
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With 51 Senators, GOP can eliminate mandate

June 28, 2012 | 12:10 pm
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Mitt Romney just now called for immediate entire repeal of Obamacare. Even with a GOP House, GOP Senate, and GOP President, that will be hard, because Dems can and will filibuster a bill, and a 60-vote GOP majority is not in the cards any time soon.

But repealing the individual mandate takes only 51 votes (50, if a Republican is the vice president). You see, Senators can’t filibuster a bill passed under “budget reconciliation.” Since Chief Justice John Roberts ruled today that Obama’s individual mandate is a tax, Republicans, it seems to me, could simply lower the tax for not having health insurance down to $0.00, as a matter of budget reconciliation.

Since it’s a tax and not a mandate, there can’t be any penalty for not having health insurance above and beyond the tax. So, voila! No more mandate!

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