Thursday, November 1, 2012

Obamacare is here to stay

Posted By on Thu, Nov 1, 2012 at 10:27 AM

Arkansas Republicans may succeed in blocking the Medicaid expansion in Arkansas under a provision of the Affordable Care Act, but the broader law is almost certainly here to stay regardless of what happens on Nov. 6. In the first place, and most obviously, a Romney victory without Republicans taking control of the Senate—which looks increasingly unlikely based on polling — takes "repeal and replace" and much of the broader Republican agenda off the table, as Talking Points Memo explains.

Without a Senate majority, Republicans can’t control the budget process. Which means they can’t cram their entire agenda into a reconciliation bill that’s immune from the filibuster. It means that even if they force votes on repealing the Affordable Care Act, they’ll need 60 votes — or about a dozen Democratic defectors. Not likely. President Romney would have to stymie implementation of the law from within the executive branch — a difficult task — and his tax agenda would be a non-starter. So would his plans for Medicare and Medicaid. He’d still be able to appoint Supreme Court justices and lower court judges, but Democrats would be able to block conservatives they deemed too objectionable.

Even if Romney and Senate Republicans overcome poll deficits, it would still be incredibly difficult to dismantle the law. As NPR's excellent health reporter, Julie Rovner, explained yesterday, Romney's promise to immediately grant waivers to states to opt out of the law would be halted by courts. Reconciliation takes forever and, crucially, parts of the law such as requiring insurers to accept patients with preexisting conditions would almost certainly require the same 60 votes from the Senate that were required to pass the law to undo it.

"There are waivers under the law, but not an across-the-board waiver," said Tom Miller, a lawyer with the conservative American Enterprise Institute. For the record, Miller is an avid opponent of the health law. But he's also a veteran of Capitol Hill and knows what can and can't happen.

"You can try anything under the law," he said. But in many cases, "a federal court will usually step in and say, 'You've gone a little bit too far.' "

In this case, the part of the law that allows the president to grant states waivers doesn't actually kick in until 2017. And even the waivers that are allowed require states to cover as many uninsured people as would be covered by the Affordable Care Act."

Tags: , ,

From the ArkTimes store

Favorite

Speaking of...

Comments (9)

Showing 1-9 of 9

Add a comment

 
Subscribe to this thread:
Showing 1-9 of 9

Add a comment

More by Lindsey Millar

  • The Aftermath of the March to Death Edition

    The executions of four men in eight days and related matters, the state’s plans to deal with a shortfall in revenue and more — covered on this week's podcast.
    • Apr 28, 2017
  • The Kenneth Williams' execution thread

    Kenneth Williams, 38, is scheduled to be executed at 7 p.m. tonight at the Cummins Unit near Grady. If a court does not stop the execution, he will be the fourth death row prisoner to die over the last eight days in Arkansas.
    • Apr 27, 2017
  • Commission to hear about plans for Ten Commandments monument

    The state will move one step closer to a lawsuit on May 11, when the Capitol Arts and Grounds Commission will hear the American History and Heritage Foundation's plans for a Ten Commandments monument on the grounds of the state Capitol.
    • Apr 27, 2017
  • More »

Readers also liked…

Most Shared

  • Workers stiffed

    How is it going with the great experiment to make the Republican Party the champion of the sons and daughters of toil instead of the oligarchs of wealth and business?
  • O'Reilly's fall

    Whom the gods would destroy, they first make TV stars.

Visit Arkansas

Fishing the Diamond Lakes of Arkansas

Fishing the Diamond Lakes of Arkansas

Arkansas angler and fishing expert Billy Murray shares his extensive knowledge of the Diamond Lakes of Arkansas

Most Viewed

  • UPDATE: Fourth death confirmed in Polk County; suspect identified

    UPDATE: The body of Reilly Scarborough has been found, bringing to four the number of family homicides in Polk County. The nine-year-old was found in woods west of Hatfield. A suspect is in custody.
  • After the storm open line

    Flooding remains after a deadly storm that left damage over much of Arkansas. An open line for Sunday evening.
  • Three in family dead, child missing in Polk County

    A child is missing and his mother, sister and a relative have been found dead this week in Polk County, local authorities say.
  • LR City Board talks about crime and gang violence

    Police Chief Kenton Buckner talked to the Little Rock City Board this afternoon at a special meeting about violent crime and the role being played by gang activities. The police can do more — and will, he said. But police alone are not the solution for problems besetting the most crime-prone neighborhoods.
  • Baker Kurrus: Opposes Little Rock School District tax proposal

    Baker Kurrus has written a monumental essay explaining why he opposes the proposal in the May 9 special , the Little Rock lawyer and businessman who long served on the Little Rock School Board and spent a year as its superintendent after the state takeover before being fired by Education Commissioner

Most Recent Comments

Blogroll

Slideshows

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation