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 CollinsCollins: My office has gotten 'pretty ugly voicemails, threats' over Kavanaugh The Memo: Tide turns on Kavanaugh Budowsky: Kavanaugh and the rights of women 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 WaldenHouse GOP blocks Trump-supported drug pricing provision from spending bill GOP turns its fire on Google Hillicon Valley: Twitter chief faces GOP anger over bias | DOJ convenes meeting on bias claims | Rubio clashes with Alex Jones | DHS chief urges lawmakers to pass cyber bill | Sanders bill takes aim at Amazon 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 SchumerTrump, GOP regain edge in Kavanaugh battle READ: President Trump’s exclusive interview with Hill.TV The Hill's 12:30 Report — Trump slams Sessions in exclusive Hill.TV interview | Kavanaugh accuser wants FBI investigation 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 AlexanderOvernight Health Care: Senators target surprise medical bills | Group looks to allow Medicaid funds for substance abuse programs | FDA launches anti-vaping campaign for teens The Hill's Morning Report — Sponsored by United Against Nuclear Iran — Kavanaugh confirmation in sudden turmoil Cruz gets help from Senate GOP in face of serious challenge from O’Rourke MORE (R-Tenn.) and Patty MurrayPatricia (Patty) Lynn MurrayJudiciary Democrat calls for additional witnesses to testify on Kavanaugh Kavanaugh allegations set stage for Anita Hill sequel Time for action to improve government data analysis 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 TrumpLondon terror suspect’s children told authorities he complained about Trump: inquiry The Memo: Tide turns on Kavanaugh Trump to nominate retiring lawmaker as head of trade agency 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 SmithFor Poland, a time for justice On The Money: Broad coalition unites against Trump tariffs | Senate confirms new IRS chief | Median household income rose for third straight year in 2017 | Jamie Dimon's brief battle with Trump CORRECTED: GOP lawmaker taken out of context in remarks on gay adoption 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 BradyHouse GOP bill a mixed bag for retirement savers China imposes new tariffs on billion of US goods: report Trump announces tariffs on 0B in Chinese goods 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 RyanElection Countdown: Trump confident about midterms in Hill.TV interview | Kavanaugh controversy tests candidates | Sanders, Warren ponder if both can run | Super PACs spending big | Two states open general election voting Friday | Latest Senate polls On The Money: Midterms to shake up House finance panel | Chamber chief says US not in trade war | Mulvaney moving CFPB unit out of DC | Conservatives frustrated over big spending bills Nancy Pelosi: Will she remain the ‘Face of the Franchise’? MORE (R-Wis.) told members they are "not going to pass something without Hyde protections,” according to Rep. Phil RoeDavid (Phil) Phillip RoeLawmakers demand action, hearing in response to VA improperly denying sexual trauma claims Veterans Affairs’ inability to manage its workforce suggests benefits of managed care Accounting for bad management: The VA Accountability Act turns one MORE (R-Tenn.).

Rep. Tom ColeThomas (Tom) Jeffrey ColeConservatives left frustrated as Congress passes big spending bills Overnight Health Care: House GOP blocks Trump-backed drug pricing provision | Maryland sues to protect ObamaCare | Insurers offer help to hurricane-impacted areas House GOP blocks Trump-supported drug pricing provision from spending bill 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 RoundsOn The Money: Treasury rules target blue-state workarounds to tax law | Senate approves sweeping defense, domestic spending bill | US imposes B in tariffs on Chinese goods | Panel narrowly approves consumer bureau pick Senate panel narrowly approves Trump consumer bureau pick GOP sen: Sessions is ‘the right man for the job’ 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 ThuneWant to improve health care? Get Americans off of their couches More Dems want focus on job creation than wage growth Google, Apple, Amazon execs to testify at Senate privacy hearing this month 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.