The debate over the repeal and replacement of Obamacare has been hard for many on the right to parse because the concept of “repeal” — a term with a straightforward meaning that is isolated from “replace” — can lose its clear meaning when the two are joined at the hip.
Obamacare touched on so many aspects of health policy — aspects any reform effort would inevitably need to address, albeit in a different manner — that evaluating any one element of the law in isolation from the others is enormously difficult. Which aspects are central, and which are peripheral, is no easy question to answer for such a massive law. That difficulty is compounded by the lack of consensus among Republicans on an ideal replacement. Sound Obamacare replacement ideas in the minds of some may double down on Obamacare’s worst features in the minds of others. A further complication is introduced by the sequencing of reform. Some replace concepts, though in isolation of potential merit, may take on a different character in a policy context where metastatic remnants of Obamacare remain on the books pending repeal at a later date.
“Repeal and replace” has become a mantra in many corners on the right but it has long been a source of unease for some conservatives who have feared that “replace” might in practice not represent true “repeal.” The reaction to American Health Care Act represents the eruption of such concerns, which have brewed under the surface of our Obamacare debates for years, into the spotlight.
Sensing that things might play out precisely this way, many conservatives, Heritage Action included, urged Congress to lay the groundwork last Congress for an immediate repeal of Obamacare shortly after the inauguration of Barack Obama’s successor. That process culminated in the passage of the 2015 reconciliation bill that the same conservatives have urged Congress to pass for the last several weeks. But that bill was imperfect, as many noted at the time. Its authors, reluctant to test the limits of the Senate’s Byrd Rule, which limits what can be included in a reconciliation package, prematurely omitted from the bill the repeal of Obamacare’s various insurance regulations. Though it repealed Obamacare’s taxes and spending, it was understood at the time to be a floor, not a ceiling, for repeal. More work, we all knew, would be needed.