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House Freedom Caucus could block three-year “repeal and delay” plan for ObamaCare
Hotair ^ | 12/06/2016 | AllahPundit

Posted on 12/06/2016 10:36:47 AM PST by SeekAndFind

“Repeal and delay” is the sequel to “repeal and replace,” which isn’t viable because after seven years of opposing ObamaCare the congressional GOP still has yet to coalesce around a replacement plan. They can’t repeal and replace the law in January because there’s nothing to replace it with. If, however, they wait to repeal the law until they do have a replacement ready, things could go haywire — the Republican base could become angry and demoralized at having to wait, Democrats could come roaring back and take back Congress in 2018, and suddenly the votes aren’t there for repeal anymore. Solution: Repeal the law right away in January, but delay the effective date of repeal for at least three years while Republicans come up with a new system for health insurance. Repeal will be the law of the land and meanwhile the GOP can take its time in crafting a thoughtful alternative. Easy peasy.

Really, though, it’s not so easy. And Mark Meadows, the new head of the Freedom Caucus, knows it.

The proposal “will meet with major resistance from Freedom Caucus members,” the North Carolina Republican vowed in an interview, calling it “the first big fight I see coming for the Freedom Caucus.”

“It should be repealed and replaced, and all of that should be done in the 115th Congress” — the two-year period starting in January through 2018 — and “not left to a future Congress to deal with,” Meadows added…

[D]uring a retreat in Virginia’s Blue Ridge Mountains over the weekend, Freedom Caucus members fumed at [the three-year] idea. Most said they wouldn’t settle for anything longer than a two-year replacement process, the time frame both chambers approved last year in an Affordable Care Act repeal bill that President Barack Obama vetoed.

The Freedom Caucus includes something like 40 House Republicans. If — if — they vote as a bloc, knowing that Democrats will unanimously oppose repealing O-Care, they could easily deny Paul Ryan and Trump a majority for a three-year “repeal and delay” scheme. In fact, even if only half of the caucus voted to block the plan, they’d leave Ryan with very little margin for error. The Freedom Caucus could singlehandedly force the new administration and party leaders to get this done in two years instead of three. Is that good news or bad news for ObamaCare opponents?

I think “the sooner the better” is the right approach here, although whether you agree depends in part on how you think the politics of this issue specifically and national politics generally will shake out in 2018. The Senate map is favorable to Republicans, remember; on the other hand, the out-party usually picks up seats in midterm elections. On the other other hand, midterm elections have had lower Democratic turnout in recent years, a trend that would damage Democrats’ chance for a comeback if it continues two years from now. If you think the midterms will turn out well for Republicans, then a three-year delay makes sense: The GOP should have more Republicans in the Senate in 2019, which will make it harder for Democrats to filibuster whatever replacement plan Trump comes up with. Even if Democrats pick up seats in the House, they’re unlikely to get the 25 or so they’ll need to regain control, so Ryan will still be able to pass the replacement bill. Why not wait, hope and trust that Trump will be popular, and finish the replacement process in the next, even redder Congress?

The problem with that logic is that there’s likely to be chaos in the insurance industry once ObamaCare is repealed next year, even if implementation of repeal is delayed. Once insurers know that the exchanges are going away, be it in two years or three, they’ll have little incentive to keep offering plans on them. Even worse, it’s not clear how much of ObamaCare will be left after the Senate uses reconciliation to repeal it. Reconciliation requires only 51 votes and thus isn’t subject to a Democratic filibuster, but it also can only be used for budgetary measures. So Republicans can repeal the tax and budgetary provisions of O-Care, but it’s uncertain if they can also repeal the law’s many, many, many regulations that way. That’s why the GOP needs repeal and delay: If you suddenly canceled the funding mechanisms for ObamaCare but kept the regulations requiring coverage for preexisting conditions in place, say, the exchanges would go “kaboom.” But here’s the point — once repeal is on the books, insurers will know that the exchanges are going to go “kaboom” soon anyway. Uncertainty will rule. Why not pull out of the exchanges immediately, leaving millions without coverage and lots of political chaos for the GOP to manage? In order to prevent that and encourage insurers to stay put until a replacement plan is ready, Republicans may need to make it worth their while by subsidizing the exchanges. If they don’t and the exchanges end up collapsing as insurers flee, what will it mean for the 2018 elections if suddenly millions are without their ObamaCare insurance and Democrats and their media friends are screaming that it’s all because of repeal? If Republicans don’t have something in place by the time Americans vote that November, the GOP could face a backlash. That’s why the two-year timeline is preferable.

But there’s another complication. As noted, Republicans will need 60 votes in the Senate to pass their replacement plan. That might be easier in the next Congress, if the GOP picks up seats in 2018 — but it might also be harder, if they end up losing seats. If you repeal and delay until 2019 and Democrats end up taking back the Senate before then, you’ll be at Schumer’s mercy in passing a replacement plan. Schumer could, in theory, declare that he won’t settle for anything less than delaying the repeal of ObamaCare for another two years, until after the next presidential election. Would the GOP play chicken with him on that, knowing that insurance exchanges are about to be disappear with nothing to replace them, or would they cave? If you do this on a two-year timeline, as Meadows and the Freedom Caucus want to do, you’ll at least know how many votes you need in Congress to get it done and you might be able to forestall a backlash at the polls by putting a new system in place before Americans vote. The question, simply, is whether McConnell can get to 60 votes in the current Congress for a replacement to ObamaCare, with the Senate split 52/48. Are there eight Democratic votes to be found among the many red-state Dems who are up for reelection in 2018: McCaskill, Tester, Manchin, Heitkamp, Casey, Brown, etc? Would those Democrats be more likely to vote with the GOP knowing that repeal has already been passed and that something needs to replace the exchanges ASAP? Or would the lefty base intimidate them into voting no and demanding that McConnell simply delay the schedule for full repeal further? There are a lot of ways this can go politically. I’m not sure this ends without McConnell having to think seriously about getting rid of the filibuster altogether and passing the replacement bill with 51 votes. And I’m not sure he can find a majority of his own caucus that’s willing to do that.

And there’s yet another complication. Some Republicans don’t want to replace ObamaCare with anything:

Some Republicans just want to repeal Obamacare, with no replacement. Others say they would like a replacement, but don’t like the ideas leading Republicans have outlined.

Passage of a bill that mostly repeals Obamacare by 2019 would empower both groups of Republicans to block replacement legislation. The repeal-only bloc would already have gotten most of what it wants. The Republican congressmen who are lukewarm about a replacement would, judging from past form, decide that doing nothing is better than whatever flawed bill Republicans put forward.

McConnell and Ryan could find in two or three years’ time, once repeal is on the books, that they can’t get a simple majority from their own caucus for a replacement bill. (The Freedom Caucus, as the House’s resident fiscal conservatives, could factor in there too, blocking any bill that they deem is too exorbitant in spending.) What do they do then? And on top of all of this uncertainty, there’s the additional problem that a three-year timeline will complicate Trump’s reelection bid in 2020. If the replacement process hits a snag in 2019, with McConnell unable to find 60 votes for the GOP’s bill or (gulp) Chuck Schumer in charge in the Senate, Trump might be forced to call for a further delay in repeal or to consider backing a compromise plan with the left. He’d probably prefer to have this issue settled by 2018 — except that then you have the same potential “snag” problem except as regards the midterm elections. The only good solution to this conundrum was for the GOP to have a replacement bill ready to go in case it won this month’s election and found itself in a position next year to undo ObamaCare. Then they could have used Trump’s victory to pressure the red-state Dems to join them in building a new system. As it is, all we have now are gambles.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: congress; obamacare; repeal
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1 posted on 12/06/2016 10:36:47 AM PST by SeekAndFind
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To: SeekAndFind

CORRECTION: They could with any other person than President Donald J. Trump....ROFL...you ain’t playin that ole game anymore folks...


2 posted on 12/06/2016 10:37:59 AM PST by HarleyLady27 ('THE FORCE AWAKENS!!!' Trump/Pence: MAKE AMERICA GREAT AGAIN!!!)
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To: SeekAndFind

What’s wrong with “repeal without replacement”?


3 posted on 12/06/2016 10:38:09 AM PST by Rurudyne (Standup Philosopher)
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To: SeekAndFind
Coulda, woulda, shoulda. Typical! I bet that once the ball gets rolling things will move very fast. Why?

Because the people will demand it because their premiums didn't go down, but up geometrically. And, they haven't been able to keep their doctor. In fact, doctors are leaving the system if they can.

4 posted on 12/06/2016 10:39:43 AM PST by Parmy (II don't know how to past the images.)
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To: SeekAndFind
Why not just drop the mandate? Let competitive private sector policies emerge to meet needs. Those who opt out of Obamacare should have to sign a waiver saying that (1) the gov has no obligation for their medical care and (2) if they decide at a later date to sign up for Obamacare they'll have to pay for two years before they're eligible for ANYTHING

Methinks a lot of HOR constitutional conservatives are phonies. They aren't about to abandon their paymasters in the insurance companies. JMHO

5 posted on 12/06/2016 10:41:54 AM PST by grania
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To: SeekAndFind

Obfuscation, obstruction and sandbagging. Run out the clock. It’s the DC way.


6 posted on 12/06/2016 10:42:10 AM PST by RegulatorCountry
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To: SeekAndFind

Drain the swamp includes Republican swamp creatures too.


7 posted on 12/06/2016 10:44:27 AM PST by Ray76 (DRAIN THE SWAMP)
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To: SeekAndFind

My vote: repeal.

Then, without the liberals holding any leverage to force a bad replacement, they can negotiate on any replacement proposals. My top choice for replacement is freedom - no new legislation, just repeal the existing terrible and unconstitutional law.


8 posted on 12/06/2016 10:44:46 AM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: SeekAndFind
Complete nonsense! Repeal it immediately and replace it with the status quo ante. Then work for free market reforms including the freedom to buy across state lines. We not need to replace it with a new government program.
9 posted on 12/06/2016 10:45:54 AM PST by Petrosius
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To: SeekAndFind

1) Repeal and Delay is not viable because at the rate it’s collapsing Obamacare will flame out totally long before then. Unless Republicans want to shovel even more massive subsidies into it, which I am guessing they do not.

2) It’s dishonest. Trump and Republicans were elected to kill this monstrosity. They are trying to bait Democrats into a tough vote just before the 2018 election. That is being too cute by half. Do the right thing and don’t play politics.


10 posted on 12/06/2016 10:48:52 AM PST by Buckeye McFrog
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To: Petrosius

There are a few ideas Trump and others have had, such as allowing insurance to cross state lines and thus be portable.

Just remove the “pay or play” provision and obozocare will fall apwart like a TV sweater when you pull a thread.


11 posted on 12/06/2016 10:52:33 AM PST by freedumb2003 (Good morning President Trump)
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To: SeekAndFind

The ACA was designed with tentacles that would be politically difficult to kill. Kill the young and well mandate/penalty. Allow lower-level competition. Create state block grants for the truly sick, but downscaling every year end route to elimination.
No matter how this is done there will be screaming.


12 posted on 12/06/2016 10:55:51 AM PST by lurk (TEat)
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To: SeekAndFind

“there’s nothing to replace it with

We didn’t have a government to replace the King with either.


13 posted on 12/06/2016 11:13:00 AM PST by fruser1
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To: HarleyLady27
So what is Trump going to do? Indian wrestle with them? They are independent people who were in Congress before Trump and most will be there after Trump. Trump will need their votes for other issues, so he can't pretend he is a dictator. So what will Trump do? I know your response. He'll know what to do.

Trump ran on repeal and replace, which is a promise he will need to keep.

14 posted on 12/06/2016 11:23:13 AM PST by Dave W
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To: SeekAndFind

The hills Trump has to climb are steep and slippery - fortunately he has four wheel drive and studded tires.....


15 posted on 12/06/2016 11:40:09 AM PST by trebb (Where in the the hell has my country gone?)
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To: SeekAndFind

President Trump can force their hand in 2 minutes and have a lot of fun at the same time.
Executive Order

All persons that can be classified as a “Federal Employee” that is not a current member of the US Armed Forces, SHALL enroll in and purchase their own private and family health insurance from the “Affordable Care Exchange” in the State they legally reside.

GAME OVER!


16 posted on 12/06/2016 11:51:47 AM PST by eyeamok (destruction of government records.)
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To: SeekAndFind
I really don't mind a time period to “wind down” Obamacare. it was purposely designed to be difficult to detangle. However, I would want to see the individual mandate repealed immediately, because at that point, everything else becomes optional.
17 posted on 12/06/2016 11:59:03 AM PST by apillar
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To: HarleyLady27

Any repeal and delay must include removing Congress’ exemption.


18 posted on 12/06/2016 12:16:01 PM PST by Yogafist
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To: SeekAndFind

Repeal it immediately and entirely. So what if it causes so-called “chaos”. That will light a fire under their filthy clymers to get an acceptable replacement quickly instead of foot dragging for years and years. It’s put up or shut up time. No more excuses.


19 posted on 12/06/2016 12:17:46 PM PST by Mr. Rabbit
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To: SeekAndFind

If the Repubs have not realized the truth of this election, they better wise up FAST.

The tide has turned .. we know what has to be done. The Congress needs to support the changes we need .. and not play games with Trump’s agenda.

If the Repubs REFUSE TO BE HELPERS .. AND INSTEAD CHOOSE TO BE SPOILERS OF TRUMP’S AGENDA .. they will not be sitting in their fancy offices at the next election.

We do not have time to play their childish games. Time for the grown-ups (if there are any) to step forward and LEAD .. and stop all this fooling around. Time to earn your salaries .. WHICH OUR TAXES PAY FOR.

FIND OUT WHAT TRUMP’S AGENDA IS .. AND DO IT ..!!!!!


20 posted on 12/06/2016 12:20:12 PM PST by CyberAnt (Peace through Strength)
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