Politics of repeal

Healthcare reform dominated the news throughout 2009 and into 2010’s midterm elections.

And if January is any indication, the debate over the health law will be a mainstay during the 112th Congress. 

{mosads}A federal judge in Florida on Monday struck down the president’s health overhaul, ruling that obliging individuals to buy insurance products — the “individual mandate” — is unconstitutional. 

Republicans on Capitol Hill crowed while Democrats noted that the judge was appointed by President Reagan.

Still, it is a bad sign for the White House that Judge Roger Vinson threw out the entire law. Earlier, two judges appointed by Democrats upheld the health overhaul, while a GOP-tapped judge struck down the individual mandate but kept the rest of the law intact.

In an interesting development, both Minority Leader Nancy Pelosi (D-Calif.) and House Energy and Commerce Committee ranking member Henry Waxman (D-Calif.) expressed confidence Monday that the Supreme Court will eventually rule in their favor. 

Waxman, who helped craft the House bill, said, “I firmly believe that the law is constitutional and ultimately that is what the Supreme Court will decide.”

Pelosi said, “We strongly believe that health reform is constitutional, and is consistent with longstanding precedents of the Supreme Court.”

Those remarks may be intended for Justice Anthony Kennedy, who is regarded as a swing vote on the Supreme Court. 

Some in Democratic circles are uneasy about having the John Roberts-led court decide the fate of the Obama administration’s signature achievement of the last Congress.

A year ago, President Obama scolded the high court for its decision on the Citizens United campaign finance case. The Democratic-led House last year passed a bill in response to that ruling, but the measure died in the Senate.

Last month, the House passed a healthcare repeal bill as every Republican backed the legislation and all but three Democrats voted no. 

On Wednesday, the Senate is scheduled to debate a health repeal measure as part of deliberations on a long-stalled aviation bill.

Initially, Senate Majority Leader Harry Reid (D-Nev.) indicated he would not allow a repeal bill to hit the floor. But the chamber’s rules allow the minority to offer germane amendments to bills.

In short, Reid knew Republicans would get their vote, and he wants it behind him. 

Certainly, the health debate will be uncomfortable for a few Democrats facing reelection next year. But Senate Republicans lack the 60 votes to pass a repeal bill, or the 67 needed to overturn a presidential veto. 

The GOP’s best hope resides in the Supreme Court, where only five votes are needed.