Reconciliation bills cannot be filibustered because their time of debate is limited by the Congressional Budget Act.
http://www.brookings.edu/research/articles/2009/04/20-budget-mann
http://www.brookings.edu/research/opinions/2010/01/25-reconciliation-binder
Yes. You’re right and I’m wrong. Reconciliation cannot be filibustered.
However...the repeal of RomneyCare wouldn’t be automatic because it was originally passed by reconciliation. It would be a new bill and a new Senate, and it would have to itself meet the requirements to qualify to be eligible for reconciliation.
Most importantly, the Repubs would have to control the Senate even for that to happen. It’s possible with a 48 Dem, 8 tossup, 45 republican current election map, but it’s easier for the Dems to retain control than for the republicans to take it.
Finally, the Senate bill itself was not passed by reconciliation...it passed by a 60-39 vote in the Senate, so reconciliation wasn’t needed.
It was the Senate/House conference refinement of the bill with the House that required reconcilation.
As always, that assumes a rino-proof Senate. None of the rinos had to show their true colors in the original vote, because the dems had 60 votes already. The rinos were able to stay hidden.