But repealing the ACA is not going to be a walk in the park, according to Kevin Drum:
So sure, there are more ways to skin the incentive cat than a tax penalty. But I think we’re putting the cart before the horse here. We really ought to be talking about something else: the pre-existing conditions ban. Unlike the individual mandate, which can be repealed by a simple majority because it affects the federal budget, Republicans can’t repeal the pre-existing conditions ban without Democratic votes. And if it’s not repealed, Republicans can’t do much of anything else. As long as the ban is in place, any Republican plan is almost certain to cause total chaos in the health care market.1 It would be political suicide.
So if Republicans want to do something that’s not political suicide, they need Democratic votes. And that means Democrats have tremendous leverage over the final plan. They can either negotiate for something much better than what Republicans are proposing, or they can simply withhold their votes and leave Republicans between a rock and a hard place: either abandon Obamacare repeal, which would enrage their base, or pass a plan that would cause chaos for the health care industry and for millions of registered voters. This is not leverage to be given up lightly.
Sounds like leverage – that goes both ways, though. If the Democrats have something they really want to pass, then the ACA becomes a hostage in the negotiations.