Defunding Obamacare would defund Obamacare; but NOT DEFUNDING Obamacare is not FUNDING Obamacare

Washington Examiner ^ | 09/23/2013 | Timothy P. Carney

[BuckeyeTexan]

A slew of recent articles (Bloomberg, Washington Post, National Journal) explaining the effort to defund Obamacare have all pointed out an important fact: A government shutdown wouldn't defund Obamacare.

But these articles have all glossed over another important fact: Defunding Obamacare would defund Obamacare.

The bill to keep the government fully funded after Sept. 30 is called the "continuing resolution" or CR. If Congress fails to pass a CR by Sept. 30, then we get a "government shutdown." But, of course, many government functions will keep operating, just not most of those functions that require annual appropriations.

Guess what doesn't require annual appropriations? Almost all of Obamacare. So, yes, B-Berg, NatJo and WaPo — a government shutdown won't defund Obamacare.

But that's not the whole story. The House passed a CR numbered H.J. Res 59. This House CR, in addition to funding the government at current levels, also contains a "defund Obamacare" provision. This provision at least aims to defund Obamacare, and I think it does:

Notwithstanding any other provision of law, no Federal funds shall be made available to carry out any provisions of the Patient Protection and Affordable Care Act ...

No entitlement to benefits under any provision of the Patient Protection and Affordable Care Act ... shall remain in effect on and after the date of the enactment of this joint resolution, nor shall any payment be awarded, owed, or made to any State, District, or territory under any such provision.

Sure, there's some ambiguity as to whether the tax credits Obamacare created are affected, but the GOP staff who wrote the language argues that Obamacare is effectively moot if the House bill becomes law. From an aide to an appropriator:

"The defund provision of the CR prevents taxpayer dollars from being used to implement or enforce the law, including the individual mandate, employer mandates, subsidies, exchange operation, rules for insurance companies, etc."

So, it seems to be false when Ezra Klein writes that the " 'continuing resolution' that defunds Obamacare ... wouldn't actually stop Obamacare from being implemented."

Also misleading is the language coming from the Tea Partiers in the Senate.

Rand Paul says, "I will not vote for any CR that funds Obamacare." Heritage Action writes about battling "a CR that funds Obamacare."

But for the most part, no CR will fund Obamacare, even if Obama wrote it himself. You know what funds Obamacare? A bill called HR 3590, also known as the Affordable Care Act.

Obamacare funds Obamacare.

This is a point of contention between the Ted Cruz wing of the GOP and the rest of the GOP, because Cruz is now saying he will filibuster the House CR, which defunds Obamacare. He will block a motion to limit debate, because once debate is limited, Reid can strip the defund language with a simple majority vote.

But such a CR can't be called a "CR that funds Obamacare." It's really a "CR that doesn't defund Obamacare."

This is not merely semantics. This matters because Cruz's strategy involves a government shutdown. If Cruz kills the CR altogether, he's not blocking significant Obamacare funding — he's leaving Obamacare mostly alone, while cutting most other government funding.

In other words, Cruz and Heritage Action might want to justify filibustering the CR by claiming an amended CR "funds Obamacare" but that ignores the truth: Obamacare stays funded without a CR because, as stated at the beginning, a government shutdown doesn't defund Obamacare.

[BuckeyeTexan]

It's important that we understand the details of the fight to defund Obamacare. I don't know if this author is correct or not, but let's examine his premise.

[rrrod]

I admit Im confused...Im not blindly following Cruz/Lee but they do have all the right enemies. I want obamacare out/crippled/dead!

[SkyDancer]

Then by all means defund it.

[GeronL]

then what is the fuss, just defund it

[apillar]

I’ve never understood how a “government shutdown” essentially means 90% of the government keeps running on autopilot

[grania]

If Obamacare is voted defunded, let the courts sort it out. (maybe Roberts doesn’t like being the most hated man on earth). What it is doing right now is exposing which Republicans have been working behind our backs to save Obamacare, and we now understand their intentions to get as many invaders in the US as possible. These sellouts are forever scum and no one will ever vote them into office again.

[Defiant]

Umm, ok. A distinction without a difference. Are there people who will vote against defunding who are also against Obamacare? I don’t see how they can reconcile the views.

[BuckeyeTexan]

If shutting down the government doesn’t stop Obamacare, it still has a significant effect. It forces the Democrats to give up a majority of the big government beast in order to keep Obamacare or to give up Obamacare to keep their beast.

I’m fine with that strategy. They won’t keep a wildly unpopular healthcare law that is already negatively impacting voters just to save Obama’s legacy. They can always be counted on to save their own hides.

Midterms are not far away.

[sickoflibs]

RE :”Also misleading is the language coming from the Tea Partiers in the Senate.
Rand Paul says, “I will not vote for any CR that funds Obamacare.” Heritage Action writes about battling “a CR that funds Obamacare.”
But for the most part, no CR will fund Obamacare, even if Obama wrote it himself. You know what funds Obamacare? A bill called HR 3590, also known as the Affordable Care Act.”

Hopefully most here already knew that.
The whole idea is that a shutdown would force Reid to pass a defund bill and then Obama to sign it when they get all the blame for it and the public lines up against them with the media's help.
(On the good side a shutdown due to Senate inaction reflects on Dems as they control that house)
Of course ’we dont really want a shutdown, its Obama who wants that, wink, wink ’

To make things more confusing, voting for the defund CR in Senate (cloture vote) is likely to lead to Reid restoring the funding to the CR and sending that to Bohner and Cantor and voting against it could lead to the shutdown mentioned above.

[RadiationRomeo]

I believe the point is that Bongocare is mostly funded by the healthcare act itself. The citizen pays fees directly, the funding isn’t from the government. That’s why some call it a tax.

[GOPJ]

Sick - did you see this? Americans send money to the DC area and the DC government parasites keep the money. In the old days they would send some of the tribute back... now they live large.

Hollywood can move over - anyone who wants to see real weath can watch the blowhard crooks who run the United States.

http://www.weeklystandard.com/blogs/river-american-money-flows-dc_756600.html

[GOPJ]

Money flows to Washington DC - and stays there: Americans send money to the DC area and DC government parasites keep the money. In the old days they would send some of the tribute back... now they live large.

Hollywood can move over - anyone who wants to see real weath can watch the blowhard crooks who run the United States.

http://www.weeklystandard.com/blogs/river-american-money-flows-dc_756600.html

[BuckeyeTexan]

Umm, ok. A distinction without a difference.

No, there is a significant difference.

Are there people who will vote against defunding who are also against Obamacare?

Yes, the GOP-e who sent opposition research on Ted Cruz to Chris Wallace oppose Obamacare but do not support attaching a measure to defund Obamacare to the CR.

I don’t see how they can reconcile the views.

They do so by explaining that there is no way politically to defund Obamacare. They posit that the best we can do now with a Democrat majority in the Senate is delay Obamacare until we get a Republican majority in the Senate.

[BuckeyeTexan]

The Democrats hold the majority in the Senate. We can’t get a measure to defund Obamacare through the Senate.

If we go for the shutdown, which doesn’t stop Obamacare, we have to be willing to endure the pain until Democrats choose to defund Obamacare in exchange for funding the rest of their government beast.

[GeronL]

“If we go for the shutdown...”

“We” have nothing to do with any shutdown, only the President and Senate majority can cause a shutdown

[sickoflibs]

RE :”Sick - did you see this? Americans send money to the DC area and the DC government parasites keep the money”

Actually I live in one of those rich counties referenced, I always post about it here. Its another housing boom here.

Dems always cite that its the red states like Alabama that pay the least NET taxes per NET government benefits they get , and its the high income blue states like NY, Maryland and CA that pay the most per net handout.

But I haven't seen what goes into those numbers.

[Jane Long]

Updated info from Senate Conservatives...

Grassroots Phone Calls to Senate Republicans

Current as of 09/23/2013 at 02:37PM

Sample Call Script

Hi, this is ________ ________ and I'm calling to urge Senator ________ to OPPOSE "cloture" on the continuing resolution (CR) to stop Harry Reid's trick plan to fund Obamacare with only 50 votes.

Is Senator ________ going to vote against cloture? ...

I strongly oppose Obamacare and I hope the senator will stand with Mike Lee and Ted Cruz and oppose cloture so the Democrats can't fund it. We must stop the implementation of Obamacare and there are millions of Americans counting on the senator to stand strong.

Will you please pass my message on to the senator? ...

Background Information
The House passed a bipartisan bill to prevent a government shutdown and to defund Obamacare so it won't be implemented this year. This House legislation represents the will of the American people and the Senate should approve it. Unfortunately, Harry Reid and the Democrats plan to add Obamacare funding back into the bill using a procedural trick that allows them to fund Obamacare with only 50 votes.

Senate Republicans can stop Harry Reid's plan to fund Obamacare by defeating cloture – a vote on the process that requires 60 votes. If Republicans defeat cloture, they can protect the House bill that defunds Obamacare and pressure Democrats to adopt it.

However, if Republicans vote for cloture, Obamacare will be funded and millions of Americans will be forced into a government program that is unaffordable, unworkable, and unfair.

A vote for cloture is a vote to fund Obamacare.

Don't let Senate Republicans tell you the vote on cloture is a vote to "defund" Obamacare. It is not. Cloture approves the debate process, not the bill being debated.<.b> If cloture were truly a vote to "defund" Obamacare, the Democrats would not be supporting it.

Senate Republican Whip List

Tell the Republicans to OPPOSE cloture to stop Harry Reid's plan to fund Obamacare. Tell them a vote for cloture is a vote to fund Obamacare.

A roster of Republican Senators AND contact info can be found here. Scroll down page.

[BuckeyeTexan]

Unfortunately, Harry Reid and the Democrats plan to add Obamacare funding back into the bill using a procedural trick that allows them to fund Obamacare with only 50 votes.

Did you read the article? The above statement is apparently false. Obamacare is funded by the Act that established it not by a continuing resolution to fund the government. The Democrats don't have to "add" funding for Obamacare.

[GOPJ]

Alabama has a large black population ... that eats up a lot of taxes.

[BuckeyeTexan]

Yes, technically speaking, if the Senate refuses to pass a CR or the POTUS refuses to sign one, either of those actions causes a government shutdown.

So the issue becomes whether or not we (the Tea Party, the grassroots, conservatives, etc.) are willing to endure the “pain” associated with a prolonged government shutdown in order to force the Democrats to defund Obamacare.

One way or another, we’ll choose.