Like most things in Washington today, no debate ever really ends, with the losers vowing to fight on and looking to find opportunities to snatch defeat from the opponent’s jaws of victory. For example, critics of the Administration’s attempts at environmental rulemaking regularly seek to render those rules null and void by either overturning them legislatively or cutting off funding for the implementation of those rules through the appropriations process.

The Supreme Court’s decision on the Affordable Care Act (“ACA”) is no exception. House Republicans already have scheduled a vote to repeal the ACA the week the House returns from the 4th of July recess. There will be no mystery associated with that vote - it will pass on the strength of the Republican majority and will then die in the Democratically-controlled Senate. It will not end there, however, and will become a key element in many House and Senate races.

And, if Governor Romney is successful in November and Republicans take control of the Senate, expect a vote on repeal to be one of the first issues debated. Already the Senate Republican leader, Mitch McConnell, has indicated that if (a) Romney wins the Presidency; (b) Republicans retain control of the House (as is likely); and, (c) Republicans win control of the Senate, repeal of the ACA is very possible. McConnell points out that even if Republicans win control of the Senate with the slimmest of margins, e.g., 51-49, Republicans will not need 60 votes to repeal the ACA just as Democrats didn’t need 60 votes to pass it. That is because attempts at repeal, like passage, would be considered under the unique procedural rules associated with the budget reconciliation process. That process only requires 51 votes for passage. McConnell confirmed that if he becomes leader of the Senate after the November elections, repeal would be a high priority on his agenda.

Another sign that nothing in Washington is final as the debate goes on.