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Jewish World Review Jan. 3, 2011 / 27 Teves, 5771 Obamacare mess is legacy of Dems' moment of power By Byron York http://www.JewishWorldReview.com | As Republicans prepare to take power in the House and play a more influential role in the Senate, it's good to think back a year. At the end of 2009, it was not at all clear that big Republican victories were on the way -- only that the GOP was at its lowest point in a long, long time. Roundly defeated in 2008, House Republicans were powerless to stop a huge Democratic majority from passing the national health care bill in November 2009. Then, in late December, Senate Republicans were just as powerless to stop a filibuster-proof majority of 60 Democrats from pushing that far-reaching and deeply unpopular piece of legislation through the Senate. With the passage of Obamacare, GOP lawmakers learned what defeat really meant. The country is still learning the full extent of the damage. A new analysis by the Washington Post shows that a provision of Obamacare dealing with high-risk patients is attracting far fewer participants than expected but still costs vastly more than projected -- a bad omen for the law's other programs. And that is on top of earlier reports showing that Obamacare will actually bend the cost curve upward, not downward; that many companies are curtailing or planning to curtail coverage offered to employees and retirees; and that its core provision, the individual mandate, might well be unconstitutional. It's a mess. And as this Congress ends, and a new Congress considers repeal, it's worth remembering the unusual and fleeting circumstances that led to its passage. Obamacare is the product of a brief moment of total Democratic dominance in Washington. Key to that dominance was a 60-seat, filibuster-proof Senate majority. It wasn't a sure bet for Democrats; despite victories in 2008, the party's hopes for that majority depended on the outcome of a contested race in Minnesota. After a controversial recount, Al Franken became the 60th Democratic senator on July 7, 2009, giving Democrats an unassailable edge. But that majority disappeared just 49 days later when, on August 25, 2009, Massachusetts Democratic Sen. Ted Kennedy died. State law called for a special election to fill the empty seat. That would have taken months, and as public opposition to Obamacare grew, Democrats became increasingly anxious to pass the bill as quickly as possible. Luckily for them, Democrats in the Massachusetts legislature came to the rescue, changing the law to allow the immediate appointment of Democrat Paul Kirk. Kirk was sworn in on September 24, 2009, giving Democrats 60 votes once more. After Obamacare passed the House on November 7 -- over the opposition of 39 Democrats and all but one Republican -- Senate Democrats raced to get the job done. Threatening to keep the Senate in session through the holidays, they finally passed the bill -- 60 Democratic votes, not one to spare -- in the early hours of Christmas Eve. Even as that vote was taken, a little-known Massachusetts Republican named Scott Brown was rising in the polls in the race for Kennedy's seat -- by promising to become the 41st vote against Obamacare. On January 19, Brown's victory shocked the political world. When he was sworn in on February 4, the second period of a Democratic filibuster-proof majority was over. It had lasted 134 days. But health care had been passed. Later, without a decisive Senate majority, Democrats were forced to use procedural maneuvers to put the final touches on Obamacare. But they were just tweaking what had only been possible with a 60-vote majority. The last such achievement, Medicare, passed in 1965 with bipartisan support on the foundation of a huge Democratic majority that lasted many years. Obamacare barely scraped by. Brown's win helped change GOP fortunes. But even with that victory -- and wins by Republicans Chris Christie and Bob McDonnell in governors' races in New Jersey and Virginia -- the huge victories that would come for Republicans in November 2010 were beyond the imagination of most observers. Now a new, more balanced Congress will consider what to do with Obamacare. House Republicans will likely vote to repeal the bill, and Democrats, still in control of the Senate and White House, will fight furiously to keep their achievement untouched. As the battle goes on, it will be good to remember the circumstances and lessons of the bill's passage. Given a brief window of opportunity, a determined group of lawmakers can do damage that might take years to undo. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment on Byron York's column by clicking here. Previously: 12/27/10 Smiling Dems will soon cry ‘Washington is broken’ 12/20/10 Dems are earmark junkies but GOP goes straight 12/13/10 Needed: A ‘more presidential’ Palin 12/06/10 With Dems in a funk, Obama charts a new course 11/29/10 Obama's poll numbers point to his defeat in 2012 11/22/10 Holder ignored risks of civilian terror trials 11/16/10 Dems love facts and science --- except when they don't 11/08/10 Obama, new GOP lawmakers are on collision course 11/01/10 New GOP star on track to defeat Dem legend Russ Feingold 10/26/10 If Dems lose, Obama will blame everyone but himself 10/19/10 Profligate Congress should read its own bills 10/13/10 Why Big Labor couldn't match Glenn Beck's rally 10/11/10 Trash-talking Democrat faces defeat in Florida 10/05/10 A GOP unknown in striking distance of Barney Frank 09/28/10 Administration inflates green-jobs numbers 09/20/10 In Delaware, GOP should target Dems, not O'Donnell 09/14/10 GOP Insiders Wary of Landslide Predictions 08/31/10 For Obamacare supporters, judgment day approaches 08/23/10 Obama has himself to blame for Muslim problem 08/17/10 Cut spending without cutting services? Start here 08/17/10 For Michelle Obama, extravagance dents popularity 08/09/10 Obama's zealous civil rights enforcer gets busy 08/02/10 A battle between Left and Right --- inside the GOP 07/26/10 GOP spoiling for fight over Berwick appointment 07/20/10 How long will the public tolerate Afghan war? 07/12/10 NASA's Muslim outreach: Al Jazeera told first 07/02/10 Legal complaint against Gore is detailed, credible 06/28/10 Obama and Dems heading for electoral disaster 06/21/10 Who told Obama drilling is ‘absolutely safe’? 06/14/10 Billions for ‘green jobs,’ whatever they are 06/07/10 Sestak a no-go for any job. So what was the deal? 05/31/10 As economic worries worsen, White House puts on the glitz 05/25/10 GOP dilemma: Fight Kagan, or go along? 05/11/10 Enforcing nation's immigration laws would be a bargain 05/03/10 How Obama could lose Arizona immigration battle 04/27/10 What's behind the anti-Tea Party hate narrative? 04/20/10 As government expands, beware the post-office example 04/19/10 Who wins in 2010? Good luck reading tea leaves 04/12/10 GOP Obamacare strategy: Try repeal, then cut 04/05/10 Obamacare was mainly aimed at redistributing wealth 03/30/10 Message to Dems: People still don't like Obamacare 03/23/10 The coming consequences of Obamacare 03/16/10 Marco Rubio and the Republicans who love him 03/15/10 GOP hopes town halls take health care off table 03/08/10 Dems turn risky health vote into manhood contest 03/01/10 Why Obama defies the public on health care 02/22/10 South Carolina mulls 2012: Romney? Palin? Huck? 02/16/10 GOP winning war over Miranda rights for terrorists 02/09/10 Who are the 300 terrorists held in U.S. prisons? 02/02/10 Is Obama dissatisfied with being president? 01/19/10 The Republican dilemma: Good Michael or Bad Michael? 01/12/10 Now the lawmakers are figuring out what they didn't know 01/05/10 GOP deserves blame for Democratic excesses 12/29/09 Dems' dreams of a blue West begin to turn red 12/22/09 Why Dems push health care, even if it kills them 11/30/09 Dems' kamikaze mission: Health care by New Year's 11/23/09 Why it's a mistake to bring Gitmo prisoners here 11/16/09 Dems' slick fix: $210 billion of fiscal restraint 11/10/09 Obama can't be community organizer for the world 11/02/09 At key moment, Obama leaves health post unfilled 10/26/09 ‘Fierce urgency' for jobs, not health care’ 10/12/09 Facts hurt Jennings in youth sex controversy 10/05/09 Amid terror threat, Dems chip away at Patriot Act 09/27/09 In Afghanistan, let U.S. troops be warriors 09/21/09 Under fire, Democrats abandon ACORN in drove 09/14/09 Dems stifle Republican health care plans 09/08/09 For Dems, a serious Charlie Rangel problem 09/07/09 Obama's speech: Wrong setting for a sales job 09/01/09 What happened to the antiwar movement? 08/24/09 Why Dems may jam through health care plan 08/17/09 GOP thinks the unthinkable: Victory in 2010 08/10/09 The empty words of a journalist turned flack 08/03/09 Probe finds new clues in AmeriCorps IG scandal 07/27/09 Obamacare haunted by unkept promises of stimulus 07/20/09 Why the GOP failed the Sotomayor test 07/13/09 What the GOPers will ask Sotomayor 06/29/09 Serious questions remain for Mark Sanford 06/22/09 How GOPers can crack the AmeriCorps scandal 06/16/09 Worried about Sotomayor? Consider Andre Davis 06/08/09 Can Mitch Daniels save the GOP? 06/01/09 When the Dems derailed a Latino nominee 05/26/09 Why the GOP will defeat Obama on healthcare 05/19/09 Rosy report can't hide stimulus problems 05/12/09 The Reagan legacy is the man himself 05/05/09 Sen. Specter, meet your new friends 04/27/09 Ted Olson: ‘Torture’ probes will never end 04/20/09 Who's Laughing at the ‘Axis of Evil’ today? 04/14/09 Congress needs Google to track stimulus money 04/06/09 Beyond AIG: A bill to let Big Government set your salary 03/30/09 On Spending and the Deficit, McCain Was Right 03/24/09 It's Obama's crisis now 03/17/09: Geithner-Obama economics: A joke that's not funny © 2009, NEA

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