Abortion fight threatens Collins deal, risks shutdown

A new fight over abortion has thrown a late obstacle into negotiations on the year-end stopgap spending deal days before a possible government shutdown.

House Republicans say two ObamaCare measures that Senate GOP leaders are expected to attach to the stopgap as part of a deal with Sen. Susan CollinsSusan Margaret CollinsSunday Shows preview: Lawmakers, Trump allies discuss Russia probe, migrant family separation Ernst, Fischer to square off for leadership post Democrats seize on DOJ's ObamaCare decision ahead of midterms MORE (R-Maine) must include Hyde Amendment language prohibiting the use of federal funds for abortion.

It would be a “stone cold nonstarter” for many House Republicans to vote for a stopgap that  includes the ObamaCare measures without the abortion restrictions, said one House GOP appropriations aide.

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“It won’t pass the House if you don’t have Hyde protections,” said House Energy and Commerce Committee Chairman Greg WaldenGregory (Greg) Paul WaldenFacebook faces new data firestorm What the net neutrality repeal means Unending Pruitt controversies leave Republicans frustrated MORE (R-Ore.).

But Democrats oppose including the language, which they see as an expansion of the existing Hyde Amendment. They argue including the language could discourage private insurers from covering abortions and insist they won’t back the stopgap if it is added.

Senate Democratic Leader Charles SchumerCharles (Chuck) Ellis SchumerOvernight Health Care — Sponsored by PCMA — Dems want answers on DOJ ObamaCare decision The Hill's 12:30 Report — Trump, Kim make history with summit Schumer blames congressional GOP for net neutrality repeal MORE (N.Y.) said Tuesday that adding Hyde language would “kill it altogether.”

Senate Republicans need at least eight Democrats or independents to back the stopgap to overcome a filibuster. The government will shut down on Saturday unless a new funding measure is approved.

The two ObamaCare measures are part of a deal between Senate GOP leaders and Collins that won her support for the tax-cut bill.

The first is a bill sponsored by Sens. Lamar AlexanderAndrew (Lamar) Lamar AlexanderIBM-led coalition pushes senators for action on better tech skills training Dems seek to leverage ObamaCare fight for midterms GOP senator: DOJ's ObamaCare argument 'as far-fetched as any I've ever heard' MORE (R-Tenn.) and Patty MurrayPatricia (Patty) Lynn MurrayIBM-led coalition pushes senators for action on better tech skills training Members of Congress demand new federal gender pay audit Overnight Health Care — Sponsored by PCMA — Health chief grilled on Trump drug pricing plan, ObamaCare case MORE (D-Wash.) that would reimburse insurers for giving discounted deductibles and copays to low-income patients. The second bill would give states billions of dollars to help insurers with the costs of covering high-risk, expensive patients.

Influential anti-abortion groups in recent days have lobbied Republicans on the issue, arguing that as written, the bills don’t include language restricting federal funding for abortions.

ObamaCare currently allows the insurer subsidies, called cost-sharing reductions, to go toward plans that cover abortions, but insurers must keep those funds separate from abortion services.

Anti-abortion groups have long argued that those restrictions aren’t strong enough and that the new ObamaCare funds should be under the Hyde Amendment.

“This would be taxpayers directly paying and reimbursing people for abortions. This is unacceptable,” said Tom McCluskey, vice president of government affairs for March For Life.

Alexander, Collins and Vice President Pence met on Tuesday and discussed the ObamaCare bills, a Senate GOP aide said.

While President TrumpDonald John TrumpSunday Shows preview: Lawmakers, Trump allies discuss Russia probe, migrant family separation Seth McFarlane: Fox News makes me 'embarrassed' to work for this company  'Art of the Deal' co-author: Trump would act like Kim Jong Un if he had the same powers MORE is believed to support the deal with Collins, it has long been controversial with House conservatives, who earlier this month sought to push back a deadline for funding the government until after Christmas to separate it from the tax fight. 

Many House Republicans opposed the ObamaCare funding because they think it “props up” the health-care law. Now, facing pressure from anti-abortion groups, Republicans are digging in their heels further.

“It needs to have Hyde,” said Rep. Chris SmithChristopher (Chris) Henry SmithThe progressive blue wave is crashing and burning in 2018 Overnight Health Care: Opioid distributors summoned before Congress | Judge sets trial date in massive opioid lawsuit | Senators press DOJ to stop blocking medical marijuana House Republicans urge HHS to add abortion restrictions to family planning program MORE (R-N.J.), co-chairman of the bipartisan Pro-Life Caucus.

“It would be Bart Stupak all over again,” he added, referring to the Democratic congressman from Michigan who almost sank ObamaCare in 2009 over objections to abortion language.

House Ways and Means Committee Chairman Kevin BradyKevin Patrick BradyOn The Money: Trump imposes B in tariffs on China | China blasts 'fickle' Trump, promises payback | Trump to name consumer bureau director next week Trump announces tariffs on billion in Chinese goods Congress faces rising pressure to fix tax law MORE (R-Texas) said GOP leaders are listening carefully to their rank-and-file members.

“They understand where members are at on this,” he said.

At a House GOP conference meeting on Tuesday morning, a number of lawmakers raised objections to a stopgap that includes the Collins deal without the Hyde language.

Speaker Paul RyanPaul Davis RyanRyan, GOP lawmaker trade 'bad dad jokes' ahead of Father's Day Hugh Hewitt to Trump: 'It is 100 percent wrong to separate border-crossing families' White House walks back Trump's rejection of immigration compromise MORE (R-Wis.) told members they are "not going to pass something without Hyde protections,” according to Rep. Phil RoeDavid (Phil) Phillip RoeTrump signs VA Mission Act — this is a health care win for vets Memorial Day 2018 — let's remember those who died as a result of VA's lack of accountability Senate must pass Mission Act to give veterans care they deserve MORE (R-Tenn.).

Rep. Tom ColeThomas (Tom) Jeffrey ColeGOP centrists face decision day on Dreamer petition Bipartisan support for medical research is good news for all Trump on collision course with Congress on ZTE MORE (R-Okla.), who is close to GOP leadership, said Republicans don’t want to be seen as supporting ObamaCare in the first place. The addition of the abortion fight just dials things up more.

“I think [Ryan] listens to his members, and I think he got a lot of pushback on that today,” Cole said. “There’s no stronger pro-life person than Paul Ryan. That’s never coming through here without Hyde language in it.”

Anti-abortion groups have also been pushing Republicans in the Senate to just add the Hyde Amendment to the ObamaCare bills and avoid a fight with the House.

Some Senate Republicans have instead suggested asking Trump to pass an executive order that stipulates that the cost-sharing reductions can’t be used for abortions.

President Obama issued an order in 2010 to gain support from anti-abortion Democrats, including Stupak, who threatened to vote against ObamaCare because it didn’t have Hyde protections.

Sen. Mike RoundsMarion (Mike) Michael RoundsTrump, senators headed for clash on cyber policy GOP support growing for anti-Trump trade bill Overnight Defense: Trump decision on Korea summit coming 'next week' | China disinvited from major naval exercise | Senate sends VA reform bill to Trump MORE (R-S.D.) said Tuesday that he thought getting Trump to issue an executive order could be a way out of the showdown and said that option had been discussed.

But that wasn’t enough for anti-abortion groups then, and it likely won’t be now.

“That’s not really the role of the administration,” McCluskey, of March for Life, said.

“That would be legislating from the executive branch. There aren’t two different standards just because a pro-life president is in the White House,” he said.

Sen. John ThuneJohn Randolph ThuneMcConnell: Mueller 'ought to wrap it up' Graham jokes about Corker: GOP would have to be organized to be a cult Ernst, Fischer to square off for leadership post MORE (S.D.), the No. 3 Senate Republican, said the House is likely to have to make a decision once the ObamaCare measures get through the Senate.

“If you look at where the commitments have been made in terms of Sen. Collins, the leader is going to be putting those on the floor, and I think they'll probably pass the Senate, and I think it's going to be up to the House about how they want to deal with it,” Thune said.