If Dems Can Nuke Filibuster For Judges, The GOP Can Nuke It For ObamaCare (And Save The Senate In The Process)

November 5, 2014 6:10 PM

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If Dems Can Nuke Filibuster For Judges, The GOP Can Nuke It For ObamaCare (And Save The Senate In The Process)

Republicans won an impressive number of victories last night, including a larger and more conservative House majority and enough wins to give the GOP at least a 52-seat majority in the Senate. As Jeffrey Anderson and Robert Laszewski have noted, (the New York Times’ denials notwithstanding). Senate Republicans will fall several seats short of the 60-vote super-majority needed to overcome a Democratic filibuster of an ObamaCare-repeal bill, though. ObamaCare opponents are therefore debating whether and how Republicans could repeal some or all of the law via the Senate’s “budget reconciliation” process, which allows certain legislation to pass the Senate with only 51 votes. Some opponents have proposed getting around these difficulties by getting rid of the filibuster entirely. I think there’s , , and convince Senate Democrats of the virtues of restoring the filibuster on legislation and judicial nominations.

It goes like this. Senate Republicans would bring a reconciliation bill to the Senate floor. They would offer a one-line amendment: “The Patient Protection and Affordable Care Act of 2010 is hereby repealed.” Democrats would raise a point of order against the amendment, most likely under the “Byrd r...

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