“What the court did not do on its last day in session, I will do on my first day if elected president of the United States. And that is I will act to repeal Obamacare.”
First, note that he didn’t say he would repeal Obamacare – he said he would “act” to repeal it. Presidents carry out laws, they neither have the power to write laws nor to repeal them. Very little of the funding and costs of Obamacare are in the Federal government. It is a series of mandates on employers, insurance companies, health care providers and State governments.
It’s extremely improbable that Republicans will have 60 Senators, especially with Tea Party folks knocking off incumbent Republicans. Without 60 Senators, no law to repeal Obamacare is going to pass. So what “Act” would a President take to repeal Obamacare? An executive order? Saying what? Submittmg a repeal as a charade, knowing it has no chance to make it through the Senate? If a state is already forming its insurance pool, is he going to order them to stop?
Keep in mind almost all the federal judges likely to get involved will be sympathetic to what the Supreme Court said – it’s the role of Congress to make the laws, not the role of the Courts to substitute their judgement about what is or isn’t a “good law”, nor is that the role of the President. The Supreme Court has blessed the law as written.
Whatever spending is mandated by the law is not discretionary spending that the House can refuse to spend. Perhaps an increase in IRS agents is – but if you have a law requiring proof of insurance but no agents to double check, that doesn’t change the requirement or let you off the hook in an audit – it just means that there is a law that can be arbitrarily enforced.
Put my mind at rest that this isn’t an insincere campaign pledge. Tell me exactly what “act” I am voting for.