February 10, 2015

ROLL CALL: Republicans Want to Send Message to SCOTUS on Obamacare.

Senate Republicans want to send a message to the Supreme Court that it’s OK to undermine Obamacare.

They keep asking the Obama administration what it plans to do if the Supreme Court upends health insurance subsidies in the King v. Burwell case. It’s a hypothetical question the administration has been reluctant to entertain, leading the GOP to undertake an effort to craft a resolution.

Part of the reason is that Republicans want to try to signal to potentially wavering justices that there would be a path to minimal disruption should the court invalidate tax credits for millions of people in states that didn’t create their own health insurance exchanges.

South Dakota Republican John Thune, who is chairman of the Senate Republican Conference, said there is a lot of discussion along those lines.

“If the court thought that there was a viable alternative, that doesn’t create disruption out there, it might” make the court more inclined to rule against the Obama administration’s interpretation of the law, he said. “So we are trying to be prepared.”

Well, it’s less heavy-handed than the Democrats’ bullying op-ed campaign before Sebelius. On the other hand, that campaign worked.

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