4 Reasons Why Republicans Won’t Be Able To Repeal Obamacare
By Igor Volsky on Jun 28, 2012 at 4:30 pm

2) Congress can’t repeal the full law through reconciliation. Without the necessary 60 votes in the Senate for full repeal, Republicans are pledging to use a budget reconciliation bill to undo the ACA. But this process would only apply to the budget-related elements of the law and would thus leave many portions — including the mandate — intact. As health care expert Robert Laszewski put it, “Romney could end up creating a chaotic environment driven by enormous uncertainty over just which parts of the new health care law would be implemented–for consumers, health care providers, and insurers.”

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1) Romney has no authority to issue waivers. Romney has promised to expand a provision of the Affordable Care Act that allows states to opt out of certain sections of the law to permit states to ignore it entirely. But the executive branch and the Department of Health and Human Services (HHS) likely don’t have the authority to grant such broad waivers. According to the law, HHS (together with the IRS) have waiver authority, but only if the states meet very specific requirements. Neither have blanket waiver authority, which would have to come from Congress. Sen. Ron Wyden (D-OR) — the author of the waiver provision — has challenged Romney’s claims, saying, “Anybody who tries to move outside the standards of the bill — which is the coverage and costs and the like — well I’ll certainly fight that. But I think lots of other people will too.”

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http://thinkprogress.org/health/2012/06/28/508503/4-reasons-why-republicans-wont-be-able-to-repeal-obamacare/