The Republican Health Care Bill Is In Deep Trouble

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Jonathan Chait has a question:

No, no, no, no, no! Remember when we thought it might be better if Donald Trump won the Republican primary because Hillary Clinton would be sure to beat him? Then James Comey came along.

Shit happens, people, and there’s no predicting it. I doubt that the Republican bill can pass the Senate, but it might. The only thing we should care about is taking every possible opportunity to stop it, whenever and wherever we have a chance. Period.

(Besides, I doubt that voting for this bill will do much harm to Republicans when the midterms roll around. That’s still 20 months away, and besides, at least the yes voters can say they did everything they could to repeal Obamacare but leadership screwed it up.)

And speaking of the Republican bill, apparently the whip count really is falling short. So now the vote has been postponed to Friday. Maybe. It all depends on whether Paul Ryan and Donald Trump can figure out something else to capitulate on in order to win the votes of the crackpots in the Freedom Caucus.

Oh, and one more thing: CBO has rescored the bill. The original version reduced the deficit by $337 billion. The new one reduces it by only $150 billion. But that’s already out of date. They’ll have to score it again after Ryan and Trump finish negotiating with the conservatives. But it’s worth noting that Ryan doesn’t have a lot of headroom left if he also needs to negotiate with moderates who want a slightly less brutal program. Another $150 billion and the bill won’t reduce the deficit anymore. And if it doesn’t reduce the deficit, it can’t be passed under reconciliation.

But wait! One final thing: earlier I noted that the Republican bill is allowed to repeal only the elements of Obamacare that directly affect the budget. So if Republicans try to add provisions that repeal, say, essential benefits or pre-existing conditions, the Senate parliamentarian is likely to rule that they have to be jettisoned. However, as the presiding officer of the Senate, VP Mike Pence has the final word on this. He could just declare the parliamentarian wrong and allow the vote to go forward.

But what justification would he offer? As it happens, Republicans already have one handy. Last year, a number of them made the argument that the “direct effect” rule should be applied to the whole bill, not to its individual parts. In other words, Obamacare can be repealed completely because Obamacare as a whole directly affects the budget. If Republicans go down this road, that’s what you’re likely to hear.

However, my guess is that if Pence does this, he’ll lose a whole bunch of votes from moderate senators who won’t be a party to something that effectively kills the filibuster. So it probably can’t pass the Senate either way.

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