There is much confusion and disagreement among Republicans as to whether or not Obamacare can be repealed via reconciliation, which would require 50 votes in the Senate — and a Republican vice president — instead of the filibuster-proof 60. Governor Romney has committed to repealing Obamacare via reconciliation. “We have to repeal Obamacare, and I will do that . . . with a reconciliation bill. . . . We can get rid of it with 51 votes,” he said last October.
It can be done. Reconciliation can be used for any provision that is germane to the budget, and a simple bill repealing Obamacare would certainly be so. And even a more complex bill could get through reconciliation, as Jim Capretta explains, because much of Obamacare’s regulatory architecture — including the individual mandate — revolves around the law’s revenue and spending provisions.