McConnell Relies on Supreme Court to ‘Take Down’ Obamacare

Talking Points Memo: “Senate Majority Leader-elect Mitch McConnell (R-KY) told reporters on Tuesday that if the Supreme Court were to invalidate Obamacare subsidies on the federal exchange, it would lead to a ‘comprehensive revisitation’ of health care reform in Congress.”

“If the Supreme Court axes federal exchange subsidies (which serve some 7 million Americans in 36 states), McConnell said ‘for sure Congress is back in the business of taking a look at health care in a comprehensive way.'”

Greg Sargent: “McConnell suggests the new GOP-controlled Senate will vote to repeal parts of the law, but acknowledges legislative repeal is unlikely to succeed, before stating that there is now a real possibility that instead, the Supreme Court will ‘take it down,’ giving ‘us’ the opportunity of a ‘mulligan’ and a ‘major do-over of the whole thing.”’

“Asked for comment on McConnell’s latest, law professor Nicholas Bagley told me: ‘McConnell confirms here that the litigation is politics by other means. It sounds like McConnell is treating the Supreme Court as another political institution.’”

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