Legislative Debate

The second phase of Republican plans to repeal the healthcare law started Thursday at 9 a.m., amid continuing sharp criticism from House Democrats.

The House began debate on H.Res. 9, which assigns four House committees to draw up an alternative healthcare plan. The resolution will effectively allow the House to continue to pursue changes to current law, given that yesterday's healthcare repeal bill in the House is expected to go nowhere in the Senate.

Nonetheless, Democrats continued their attacks on the Republican effort. Rep. James McGovern (D-Mass.), speaking for Rules Committee Democrats, said H.Res. 9 "isn't a serious effort" because it only asks committees to develop healthcare alternatives over time, and makes no promise that any of these possible proposals would be passed into law.

"It's a series of talking points," McGovern said. "It's a press release. Instead of repeal and replace, it's repeal and relax."

Rep. Anthony Weiner (D-N.Y.) pointed out this morning that H.Res. 9 does not assign any deadlines for coming up with health alternatives, pointing out the Democrats' suspicion that Republicans may never develop their own healthcare plan. Weiner argued that Republicans do not seem to have any plan at all to improve healthcare at this point, and exclaimed, "I will eat this rostrum" if they follow through.

Rep. David Dreier (R-Calif.), the Rules Committee chairman, rejected these sentiments in his opening remarks, and implied that developing workable healthcare alternatives should take some time. "The four committees of jurisdiction have a great deal of work ahead of them," he said. "This is a process to which we all must contribute."

The four committees that will be charged with coming up with new healthcare proposals are the Committees on Education and the Workforce, Energy and Commerce, Judiciary, and Ways and Means. Passage of the resolution is expected by noon today.

—Updated at 9:53 a.m.

House Speaker John Boehner (R-Ohio) this afternoon called on the House to vote in favor of repealing the healthcare law, and argued that because both sides agree the law needs to be fixed, "why would we keep it on the books?" Boehner listed five specific reasons for repealing the bill, starting with the repeal of $770 billion in tax hikes and penalties that he said would inhibit job growth.

Boehner said repeal would end the estimated $540 billion in spending over the next 10 years, and is needed to ensure that seven million seniors do not suffer from the cuts to Medicare Advantage that were put in place under the law. Repeal also means "paving the way for better solutions that will lower the costs without destroying jobs or bankrupting our government," he said.

Finally, Boehner said the repeal vote keeps a promise to voters in the last election. "This is what we said we would do. This is a promise worth keeping."

"The Germans said enough about the Jews and people believed it, and you have the Holocaust," Rep. Steve Cohen said.

Republican House freshmen are making their presence known in Wednesday's House floor debate on repealing last year's healthcare law, both in the strength of their opposition to the details of the law and their insistence that law is unconstitutional.

Freshman Rep. Todd Rokita (R-Ind.) said that "healthcare is not a right, and if we are not careful the feel-good, empty promises made in this law will bankrupt this country and leave our grand kids to pay for it." Democrats last year argued extensively that healthcare should be a right for all Americans, and Rokita's remarks indicate that more heated debates on how to approach healthcare reform can be expected later this year.

Another freshman, Rep. Trey Gowdy (R-S.C.), said the PPACA amounts to "generational embezzlement" and argued that "the Constitution places limits on Congress." Several other new Republicans raised arguments that the Constitution does not allow Congress to mandate that Americans buy health insurance or face fines, and made references to the Constitution in their arguments against the law.

Rep. Mike Pompeo (R-Kan.) said the U.S. is a "founded on liberty," and said it's Constitution gives Congress "certain enumerated powers," not unlimited power. Rep. Morgan Griffith (R-Va.) said he took an oath to uphold the Constitution, and noted that Virginia has passed a law that exempts residents from the law's requirement to buy insurance. Griffith also noted that Virginia did not accept British rule hundreds of years ago, "nor will we accept Obamacare."

Rep. Jeff Duncan (R-S.C.) said he rises to "defend the Constitution," and called for the repeal of the "socialistic" and "out of touch" healthcare law.

Rep. Martha Roby (R-Ala.) said today that failure to repeal the PPACA would amount to "gross fiscal irresponsibility" by Congress.

Other freshman Republicans were less dramatic but equally opposed to the law this morning. Rep. Dennis Ross (Fla.) said he opposes the law's "one-size-fits-all" approach to healthcare. Rep. Robert Dold (Ill.) said last year's law only addresses access to insurance, but does not address the quality of healthcare, and said improvements to the law are needed.

The tough rhetoric reflects the continuing divide over how to address healthcare issues in Congress. Republicans today indicated they support a few concepts in the current law, such as finding ways to ensure coverage for people with pre-existing conditions and allowing dependents to remain on their parents' insurance until they turn 26. But even here, Republicans are still expected to pursue these objectives in different ways, and Democrats are wary of repealing the PPACA while new alternatives are created.

Elsewhere, Republicans indicated their ongoing support for options such as tort reform, allowing insurance to be bought across state lines, and creating purchasing pools for small businesses.

Updated at 2:40 p.m.

The House convened at 10:00 a.m. on Wednesday, and after some early housekeeping resumed debate on H.R. 2, which would repeal last year's healthcare law. Five hours of debate are expected today, culminating in a vote that is expected by 6:00 p.m.

This morning's debate is being led by members of the House Committee on Education and the Workforce. Early debate has given a nod to whether the Patient Protection and Affordable Care Act creates jobs, as Democrats believe, or destroys jobs, as Republicans argue. But both sides are also continuing their arguments about the effect of the law on the U.S. budget deficit, and whether the insurance mandate violates the Constitution.

Later debate today will be led by House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) and ranking member Henry Waxman (D-Calif.), and House Ways and Means Committee Chairman David Camp (R-Mich.) and ranking member Sandy Levin (D-Mich.).

The House on Tuesday night approved a resolution that assigns Republican members to 10 committees. H.Res. 37 appoints dozens of members to the committees on Budget; Education and the Workforce; Foreign Affairs; Homeland Security; Judiciary; Natural Resources; Oversight and Government Reform; Science, Space and Technology; Small Business; and Veterans' Affairs.

H.Res. 37 was introduced Tuesday, the same day it was approved by voice vote. While House Republicans have said they would make all bills public for three days before passing them on the House floor, this practice does not apply to resolutions, and resolutions assigning members to committees in particular are not controversial. The House has passed a handful of resolutions on short notice assigning members of both parties to various committees.

On Wednesday morning, the House approved H.Res. 39, which names several Democrats to House Committees on Agriculture, Armed Services, Education and the Workforce, Financial Services, Foreign Affairs, Homeland Security, Judiciary, Natural Resources, Oversight & Government Reform, Science, Space, and Technology, Small Business, Transportation & Infrastructure, and Veterans' Affairs.

Updated at 11:47 a.m.

The ranking Democrat on the House Judiciary Committee argued on the floor today that it's OK to require U.S. citizens to buy health insurance under last year's healthcare law, since the federal government already has a role in running health programs like Medicare and Medicaid.

Rep. John Conyers Jr. (D-Mich.) made this simple plea in defense of the healthcare law: "C'mon, we already have Medicare. Who do you think runs that?"

Republicans argue it's more complicated than that. Judiciary Committee Chairman Lamar Smith (R-Texas) reiterated previous Republican arguments that the requirement to purchase health insurance, backed up by fines and penalties, goes far beyond Congress's constitutional authority to regulate interstate commerce.

The opening debate on whether Congress should repeal last year's healthcare law is focusing not on the physical health of Americans, but the fiscal health of the federal government.

Debate on repeal legislation, H.R. 2, started at 3 p.m. between House Budget Committee Chairman Paul Ryan (R-Wis.) and ranking committee member Chris Van Hollen (D-Md.). Ryan started by saying the law is a "fiscal house of cards" that will "accelerate this country toward bankruptcy" if left in place. Ryan reiterated Republican complaints from last year that the bill inappropriately double-counts tax revenue raised by the law by saying it can both reduce the deficit and pay for healthcare reforms, and said Republicans believe the law does not save money, but would cost $1.4 trillion in the first 10 years.

"This bill blows a hole through the deficit," Ryan said.

The House of Representatives gaveled in at 2 p.m. and quickly moved to two non-controversial resolutions, but is expected to begin debate on a healthcare repeal bill at about 3 p.m.

At 2:15 p.m., the House approved S.Con.Res 2 by voice vote. This measure authorizes the use of the Capitol rotunda to mark the 50th anniversary of the inaugural address of President Kennedy.

The House then briefly debated an amended H.R. 292, which would end the practice of printing copies of all introduced legislation to all congressional offices. The Republican initiative was welcomed Rep. Susan Davis (D-Calif.), the only Democratic speaker on the bill, and the bill was approved by voice vote (although a recorded vote will take place this evening).

The House recessed subject to the call of the chair at 2:30 p.m., and is expected to return shortly.

Our colleague Jason Millman writes that House Democratic leaders will hold a pro-healthcare law hearing at 1:00 p.m. on Tuesday, just before House Republicans start debate on a healthcare repeal bill, H.R. 2.

House Minority Leader Nancy Pelosi (Calif.) and Minority Whip James Clyburn (Md.) will preside over the hearing, along with four other members of the House Democratic Steering Committee: Reps. George Miller (Calif.), Rosa DeLauro (Conn.), Debbie Wasserman Schultz (Fla.), and Henry Cuellar (Texas).

A statement sent out by House Democratic Whip Steny Hoyer (D-Md.) this morning indicates Democrats will pursue three broad themes as they argue in favor of keeping the law. According to Hoyer, repeal would increase the budget deficit, put insurance companies "back in charge" of healthcare, and "accelerate the insolvency of Medicare" by about 12 years.

Republicans have rejected these charges and argue that efforts to replace the law with Republican alternatives would keep the deficit in check and improve health outcomes by relying more on market-based solutions, such as allowing insurance competition across state lines.

Updated at 11:05 a.m.