In order for Senate Majority Leader Mitch McConnell to pass his health care bill, he must first clear a procedural hurdle on a motion to proceed to consideration of the bill. To accomplish this, he’ll only need fifty votes rather than the typical sixty because this is a budget reconciliation bill that can bypass all filibusters. Yet, according to the Washington Post’s whip count there are already three Republicans (Susan Collins of Maine, Rand Paul of Kentucky, and John McCain of Arizona) who are hard “nays” on affirming the motion to proceed. If this doesn’t change, the bill is dead because the GOP caucus only has 52 members and so can only afford to lose two votes.
I think we all know better than to rely on John McCain to back up his words with action, but the list of potential ‘no’ votes is quite a bit longer. There are twenty Republican senators from states that expanded Medicaid, and only a handful of them are truly indifferent to the devastation the McConnell bill would do their states. Not only would millions upon millions lose their access to health care but rural hospitals would go out of business and state budgets would be gutted.
McConnell has tried to address some concerns by increasing the amount of money set aside to deal with opioid treatment, but it’s still a horrible deal for states that will lose Medicaid funding. McConnell left some of the taxes in place to address concerns from folks like Sen. Bob Corker of Tennessee that the optics would be too difficult if they were taking away people’s lives in order to pay for higher take-home executive pay at insurance companies. But this wasn’t really at the core of the optical problem with the bill. McConnell has so far gone along with a plan hatched by Sen. Ted Cruz of Texas to allow insurance companies to sell super-cheap health care plans that don’t cover anything and will be virtually useless the moment that you want to use them, but even the insurance companies don’t want to sell that crap because it would just turn their regular plans in profit-losing high-risk pools for very sick people. In fact, it’s unclear if there is any constituency that wants Cruz’s idea to pass. As best as I can tell, Cruz wants it so the Republicans can claim that they’ve made premiums more affordable even if what your premium is paying for is a letter that declines your treatment.
The size and nature of the Medicaid cuts still seem to be unacceptable to several Republican senators, including Lisa Murkowski of Alaska, Shelly Moore-Capito of West Virginia and Rob Portman of Ohio. There are doubtless others, like Cory Gardner of Colorado and even Tom Cotton and John Boozman of Arkansas who don’t want to say anything but will be quite pleased if the Medicaid cuts never go into effect.
Were McConnell to jettison or massively scale back the Medicaid cuts, he’d probably lose Sen. Mike Lee of Utah (who is currently noncommittal even with them) and Ted Cruz, plus they’d lose a bunch of votes from the Freedom Caucus in the House.
McConnell can certainly tinker around the margins, but the Medicaid issue is the one that he can’t seem to solve. Sens. Collins and Murkowski explicitly want the cuts taken off the table, but they’re currently in the bill because they need to be in the bill.
There’s another incentive for Republican senators to oppose a motion to proceed, and that is that if the bill is taken up on the Senate floor there will be a vote-a-rama on dozens of proposed amendments. And the Democrats are prepared to drive wedge after wedge into the divisions that already exist within the Republican caucus. The whole thing will fall apart if the Senate starts passing Democratic amendments, so the GOP members will be whipped relentlessly to say no to virtually all of them. This they will not want to do, especially because some of them actually will agree with those amendments. They won’t want to vote against things they support, particularly if they don’t think the bill will ever became a law. The best way to avoid that nightmare is to kill the bill in its crib.
If the bill is going to fail, the next step is shift around the blame. Most Republicans can hide behind the few courageous ones and say that they voted to take up the bill. This is why many senators won’t say they support the bill but also won’t say that they’ll oppose it. They’ll try to blame the Democrats for refusing to cooperate, but the Democrats are actually powerless to stop this bill. They haven’t even been asked to support it and none of their ideas have been solicited or incorporated. The whole idea was the pass a bill with no compromises.
Moderate Republicans will validly point out that the bill is incredibly unpopular and was written behind closed doors with no hearings or expert testimony. Conservatives will be able to identify the people who voted against taking the bill up at all.
The president and his administration will be blamed for lackluster leadership but they’ll turn around and blame congressional Republicans for missing a lay-up.
There’s still a possibility that McConnell will succeed in getting the bill through the procedural hurdle, and then through the minefield of Democratic amendments, but even if he somehow does what looks close to impossible right now, the House will still have to pass the bill exactly as it is worded or the whole thing starts up all over again. If the House can’t pass the exact Senate version then they’ll have to start writing a new draft which will have to pass and go back over to the Senate. There isn’t enough time left to do all that and still pass a new budget and get started on tax reform.
Given the long odds, what we’re witnessing right now is mainly theater. McConnell has to try, so he’s trying. But he also has to get this off his plate so he can move on to other things. If he fails to repeal Obamacare, he’ll have trouble coming up with the money for tax reform, and the whole year’s legislative agenda will be at risk of annihilation.
It’s this risk that keeps a faint pulse of hope alive for the few folks who genuinely want McConnell’s bill to pass. The consequences of failure are going to be so great that no one wants to be held responsible for causing the failure.
Substantively, though, the bill is so bad and, as a result, so unpopular that passing it would be as big of a disaster as failing to pass it. In fact, failing to pass it would be painful in the short-term but a better bet politically in the medium to long term.
Plus, the sooner the Republicans realize that they can’t get anything done, like tax reform or infrastructure without Democratic support, the sooner they’ll start acting like a governing party instead of some kind of pirate raiding party of bandits.
Your analysis of why the bill was doomed was predictable 6 months ago — and indeed this is why I personally predicted 6 months ago that the ACA would survive. I didn’t need to see a bill. There was no way any bill could get 50 Senate votes, and a majority in the House, without it being political hemlock.
Also, your discussion of specific Senators left out the one who is between the biggest rock and the hardest place. That would be Dean Heller, who is getting massive pressure from the national GOP to change his mind and vote for this bill, despite the fact that, if he does, he can kiss his seat goodbye. (He’s facing an uphill re-elect even if he votes the right way.)
McCain coming out against so soon is quite interesting, as this is not an issue on which he has really taken stands. Speculation is that he may be providing cover for Jeff Flake, who is the second most vulnerable Senator in the upcoming cycle.
That would be Dean Heller, who is getting massive pressure from the national GOP to change his mind and vote for this bill, despite the fact that, if he does, he can kiss his seat goodbye. (He’s facing an uphill re-elect even if he votes the right way.)
It depends on who he’d face next year. And given recent history, I’m not convinced the Democrats could/would take advantage of his weakness.
Given recent history? The junior Senator from Nevada won her seat in the 2016 election.
Thank you for using a very pertinent fact to fight the useless and destructive narrative here.
Over the coming week the Senate Office Building will host the biggest pork barrel giveaway ever. McConnell will be tossing billions at wavering moderates to keep them in line. Murkowski is reported to have already gotten 1 billion for her state already.
The CBO scores will be horrible; with the Medicaid cuts and structural changes still in place at least 15 million will lose coverage. Even so, with the bribes being doled out the bill might still pass. I hope there’s going to be some sort of large scale demonstrations to get the word out.
As we try to marshal forces to oppose this bill, writing why you think it is doomed is worse than useless. In part because you have been right about very little for the last 2 years, and in party because it does nothing to support those who are trying to lobby against the bill.
re: which, I was interested to hear yesterday someone from Young Turks [sorry, forgot name] saying that the “2 extra weeks to work on the bill” are mostly about giving Rs an excuse not to be seen avoiding their constituency town halls
If you want to read an exhortation to call your senator, read Al Giordano.
Martin is offering reassuring take for people who want to be reassured.
The fact is no one who isn’t part of the Republican Senate delegation really knows what’s going on. For all we know, the three senators currently opposed are ready to cave, OR everyone knows the bill is dead and folks are just trying to figure out who will go on record as killing it, OR some third possibility.
Call your senators if you care. Sounds like you already are doing that. Good for you.
BooMan details here the ruinous effects that the “new” Bill would have. Don’t know about you, but that litany of effects remain helpful to my motivation as my organization and our allies continue to phone bank voters in the Western States with Republican Senators on the fence and pressure them to vote No.
No one who cares about this issue is sleeping now, but we’d have to be a very dour lot to avoid taking encouragement from the news that McConnell’s struggles are real. We can win this! It seems to me the problem with our movement, and frankly our broader culture, is not complacency; cynicism and disillusionment which bring deactivation with them are bigger problems.
Hope mobilizes. People want to be involved with a winning campaign.
“It seems to me the problem with our movement, and frankly our broader culture, is not complacency; cynicism and disillusionment which bring deactivation with them are bigger problems”
I agree with you, that being positive and hopeful are necessary ingredients in any recipe for success, however realism says the cynicism and disillusionment felt by the voters should not be given short shrift either. We should be realistic about WHY that is. We saw that in this last election, and there was a huge price paid for not effectively addressing it.
Also, I would suggest that we need a better definition of what “winning” means. Stopping McConnell is a good thing, but its not the end game. Like a good chess player we need to be thinking several moves ahead. What’s next after McConnell’s failure? What is our end game and what moves can we make to move the ball forward? Such is the grist for hope?
That hope is what keeps my spouse and I going forward and calling our Senators – helpful especially since both of them are being very noncommittal at the moment. Obviously I am no optimist about the eventual outcome, but I’ve been saying to those closest to me since the Senate began taking up this awful bill, I have considered the odds of it passing about a 50/50 coin flip. My assessment has not changed. I’d like better odds, but I’ll take what I can get. And as another commenter noted elsewhere, this is only one battle in a longer struggle. Rear-guard actions are what we have in our future right now. We have to do what we can to succeed at as many of those as possible. In cases like the Senate ACA repeal bill, lives depend on it – making it worth battling no matter how long the odds.
Perhaps you’d like to provide a link to your own blog, where you presumably offer your own analysis.
I never expected Booman to be the Oracle of Delphi.
Perhaps it will include the analysis underlying his prediction that Clinton would win by 10.
Yeah, you would think one would be somewhat chastened over that oft-repeated prediction. I assume Bernie would have won by 20.
Setting aside your estimation of my recent record, you’re wrong about two things.
I explain exactly who doesn’t really want to vote for the bill and why.
That’s targeting information. It’s also reason to think you won’t just be wasting your time talking to them.
I’m not ready to declare the bill doomed. It would not surprise me if McConnell is able to put together a package of goodies for the recalcitrant to entice enough of them to support this monstrosity of a bill. And there’s no reason for anyone to think that these “moderates” won’t cave in the end as they always have. That’s just getting out of the senate though. The bigger problem for them are the crazies in the House.
>>there’s no reason for anyone to think that these “moderates” won’t cave in the end as they always have
this. Collins has spent her Senate career pretending to be moderate but in fact never voting against the leadership on anything significant.
McCain too. I won’t believe it til it’s really dead.
Excellent analysis.
The analysis sounds good. But…. who knows with these idiots.
Keep calling Senators. Contact them in any way you can. Talk to family members and friends in States with Republican Senators and get them to make calls.
No on McConnell’s Bill. No on the whole attempt. There’s urgency to work to fix problems in the marketplaces in the regions of States where there are sustained problems. Congress can only do that effectively outside of the reconciliation process. So do it already and stop trying to jam through the least popular legislative effort of our lifetimes.
This Bill is substantially less popular than W. Bush/Congress’ attempt to privatize Social Security in 2005.
That’s what we’ve been doing. Our Senators’ staff are probably sick of hearing from our household at this point, but so what. They need as much reminding as possible that this bill will be disastrous to our state’s constituents, will be a political minefield for the state’s governor (who belongs to the same party), and is really not worth the paper it was printed on.
John McCain is recovering from surgery this upcoming week, and will not be able to vote on a motion to proceed. McConnell has postponed such a vote until McCain can return. We’ve needed all the time we can get to continue organized resistance to the attempts by the GOP to repeal the ACA – or at least those portions that they can manage through reconciliation. Keep up the pressure on the other Senators. There is reason to be hopeful, but not complacent.