vote to reinstate obamacare if court dumps it and biden wins, dems get senate back?

[msongs]

if the court boots obamacare, can dems reinstate it on a vote after biden is sworn in if dems keep the house and also take over the senate? after all, the court has no army and repubs have shown that courts can be safely ignored. asking for a friend

[AlexSFCA]

1. it would get blocked by SC before taking effect

[regnaD kciN]

2. Not if they rule it unconstitutional...

They’d have to write a completely new bill that avoids the issues that rendered it unconstitutional in the Court’s opinion. (Of course, that assumes that the Court won’t simply find the new bill similarly unconstitutional, just because they can.)

Oh, and unless the Democrats in the Senate, upon taking the majority, don’t immediately throw out the filibuster (and it’s unclear if they would have the votes to do so), it would take 60 votes in the Senate, including some Republicans. In other words, not a chance.

[msongs]

3. oh too bad. who is against ending the filibuster one wonders. anyone from CA?

[regnaD kciN]

7. Yep -- Feinstein

[elleng]

4. There likely wouldn't be a decision from the Court until June (or so.)

Yes, of course we can seek to reinstate it. AND we can 'correct' any of the aspects found 'unconstitutional.'

[msongs]

5. might be easier without a lieberman in the senate this time nt

[elleng]

6. Yes.

It was not easy to fashion, took a long time. Remember Baucus?

Depending on ###s in the Senate, 'refashioning' it could be a priority (among all the others.)

[Poiuyt]

8. They would need to reword it and/or change some of the provisions

OR...they could switch from Obamacare to single payer insurance. That's a much better option.

[Rstrstx]

9. Congress could pass a law changing the tax penalty to $1

It would pull the rug out from under the entire premise of the suit. It should have been done in the first place, I don’t think Roberts or Gorsuch are going to go along with the premise that the intent of the Tax Act of 2017 was to abolish the ACA.