If Donald Trump really wants to get Obamacare repealed, there is one easy thing he and he alone could do tomorrow that would force the congressional GOP to act.
As Phil Kerpen noted, President Obama gave Congress an illegal Obamacare exemption that allows members of congress and committee staff to avoid going into Obamacare.
After a little-noticed meeting with Senate Democrats in March 2013, Obama personally committed to illegally exempt Congress from Obamacare. And he delivered.
Obama directed the Office of Personnel Management to issue a rule (78 Fed. Reg. 60653-01) purporting that Congress, which has thousands of employees, is a small business and therefore: “the DC Health Link Small Business Market administered by the DC Health Benefit Exchange Authority, is the appropriate SHOP from which Members of Congress and designated congressional staff will purchase health insurance in order to receive a Government contribution.”
This fraud of instructing Congress to masquerade as a small business was the key to the scheme, because if members of Congress and their staff had signed up for Obamacare under the individual exchange – as any other American losing employer coverage would have – they would have had to pay their own premiums.
To implement this scheme, the House and Senate each filed a false declaration with the DC Health Benefit Exchange Authority claiming to have less than 50 employees – a fact that was never publicly disclosed.
Donald Trump could undo what Barack Obama did. That would force Congress’s hand. It might also escalate some retirements too. Congress would have to act once they were forced into the system.