Some Republican Senators already signaling they will not support tying the Defunding of Obamacare to the funding of a Continuing Resolution

Sen. Kelly Ayotte said Tuesday she supports de-funding the so-called "Obamacare" health care law but said it can't be accomplished by blocking a continuing resolution and shutting down the government. 

"I have consistently opposed the implementation of Obamacare, and I've voted to repeal this deeply flawed law," the New Hampshire Republican said in a statement. 

"Unfortunately, automatic spending that Democrats baked into Obamacare when the law was passed can't be undone through a vote on government funding.

"The only way autopilot spending for Obamacare can be stopped is by repealing the law, and I will continue pursuing legislative efforts to do so," she said. 

A memo sent Monday from the non-partisan Congressional Research Service to Republican Sen. Tom Coburn of Oklahoma said that even if a continuing resolution to fund the government after the Sept. 30 end of the fiscal year is not passed, resulting in a government shutdown, "It appears that substantial (Patient Protection and Affordable Care Act) implementation might continue during a lapse in annual appropriations that resulted in a temporary government shutdown."

A continuing resolution addresses discretionary funding, but the ACA contains automatic, mandatory spending that would continue, according to the CRS. 

Ayotte's Senate allies, some of whom may run for President in 2016, support an attempt to tie de-funding the ACA to a continuing resolution.

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