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Republicans refuse to back opioids bill sponsored by vulnerable Dem

Republicans refuse to back opioids bill sponsored by vulnerable Dem
© Greg Nash

Republicans are declining to back Democratic measures that would crack down on suspicious opioid shipments — including legislation offered by Sen. Claire McCaskillClaire Conner McCaskillBiden and Schumer face battles with left if Democrats win big Harris walks fine line on Barrett as election nears Fox's Bongino, MSNBC's McCaskill trade blows over Trump ride: 'You epic piece of garbage' MORE (D-Mo.), one of the most vulnerable members up for reelection this year.

McCaskill said she has approached multiple Republicans about backing her bill, and all have refused. 

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“I have tried to get Republican co-sponsors and for the life of me I can’t figure out why everyone’s afraid of this bill,” said McCaskill, who is running for reelection in a state President TrumpDonald John TrumpBiden campaign slams Facebook after thousands of ads blocked by platform's pre-election blackout Mnuchin says he learned of Pelosi's letter to him about stimulus talks 'in the press' Harris to travel to Texas Friday after polls show tie between Trump, Biden MORE won by 18 points in 2016.

McCaskill’s bill would repeal a 2016 law that a Washington Post–“60 Minutes” investigation last fall found is impeding the Drug Enforcement Administration’s (DEA) ability to freeze suspicious opioid shipments, flooding pharmacies in small towns with pills and fueling the opioid crisis.

The two-term senator, a frequent guest on MSNBC’s “Morning Joe,” is locked in a tough reelection race with state Attorney General Josh Hawley (R). A Mason-Dixon poll earlier this month found the race essentially tied, with McCaskill up 1 point over Hawley, 45 percent to 44 percent. 

Asked whether she thought Republicans were avoiding the bill because she is up for reelection, McCaskill acknowledged politics could be in play.

“I have no idea,” she said. “[Senate Majority Leader] Mitch McConnellAddison (Mitch) Mitchell McConnellMnuchin says he learned of Pelosi's letter to him about stimulus talks 'in the press' On The Money: Trump makes a late pitch on the economy | US economy records record GDP gains after historic COVID-19 drop | Pelosi eyes big COVID-19 deal in lame duck Lawmakers say infrastructure efforts are falling victim to deepening partisan divide MORE works magic sometimes.”

McConnell’s (R-Ky.) office and the National Republican Senatorial Committee did not respond to requests for comment. 

In the House, Republicans have also stayed away from Democratic measures on the issue — which could suggest the issue goes beyond McCaskill.

House Democrats have discussed a number of reasons for the GOP reticence, including whether drug companies are blocking action, or whether Republicans are seeking to protect the sponsor of the original legislation on the issue, Rep. Tom MarinoThomas (Tom) Anthony MarinoWhy the North Carolina special election has national implications The Hill's Morning Report - Pelosi remains firm despite new impeachment push Republican wins special House election in Pennsylvania MORE (R-Pa.).

Efforts to address the 2016 law have been left out of an emerging opioid package in the House Energy and Commerce Committee. 

Democratic aides say Republicans on the committee have told them a fix on the issue is unlikely to be included in the opioid package the panel is working on, and that there is not a pressing need for a legislative fix.

A spokesperson for Republicans on the committee said lawmakers are still discussing possible changes with the DEA. “We continue to work with DEA regarding possible legislative changes,” the Energy and Commerce spokesperson said. “It’s imperative we get this policy right, and we are doing our due diligence.”

While Senate Finance Committee Chairman Orrin HatchOrrin Grant HatchMellman: What happened after Ginsburg? Bottom line Bottom line MORE (R-Utah) is publicly opposed to a full repeal of the law, a number of Republicans did voice support for making changes after it came under heavy criticism from both parties following the Post–“60 Minutes” story.

“I don’t know why they wouldn’t [sign on],” Sen. Amy KlobucharAmy KlobucharTrump announces intention to nominate two individuals to serve as FEC members Start focusing on veterans' health before they enlist Durbin says he will run for No. 2 spot if Dems win Senate majority MORE (D-Minn.) said of Republicans. “That [investigation] was an outrage. We had a number of meetings and hearings about it, and everything that had been reported ended up being borne out, that it really stifled some really important investigation work and made the opioid epidemic worse.” 

Rep. Gerry ConnollyGerald (Gerry) Edward ConnollyIRS closes in on final phase of challenging tax season Virginia voter registration website back up after outage on last day to register Judge issues nationwide injunction against Postal Service changes MORE (D-Va.), who has a bill in the House to amend the 2016 law to give the DEA more authority, thinks Republicans may be seeking to protect Marino, who worked on the original legislation and later withdrew from his nomination to lead the White House Office of National Drug Control Policy amid the controversy.

“They may feel they need to protect the author of the bill,” said Connolly, who says he has not gotten any traction on his bill so far.

Marino’s office, though, said that he is currently working with colleagues on changes to the law, and actually wants to ensure that the new standard provides enough authority to the DEA to act.

McCaskill also floated the possibility that pharmaceutical companies could be blocking her bill. 

Asked about her remarks, the Pharmaceutical Research and Manufacturers of America, the trade group for drug companies, referred back to a statement from last fall denying reports that it had lobbied for the 2016 law in the first place and calling for the law to be repealed after the Post published its investigation.  

An aide to Hatch said the senator has made the case for why full repeal would be a mistake, and that the patient concerns he cites are the real reason Republicans are not backing the effort. 

Hatch says the law was needed to address concerns from patient advocates and drug manufacturers who said patients who legitimately needed opioids could be cut off if the DEA had too wide an ability to suspend shipments. 

“Senator Hatch does not believe that full repeal would be good policy,” said Hatch spokesman Matt Whitlock. “He remains committed to working with his colleagues, the DEA, and other stakeholders on possible changes that would ensure legitimate patients have access to the treatments they require, while ensuring DEA has the tools it needs to combat abuse and diversion.” 

“I’d suggest this is the real reason the more dramatic [repeal] efforts have stalled,” he added. 

Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyBarrett confirmation stokes Democrats' fears over ObamaCare On The Money: Power players play chess match on COVID-19 aid | Pelosi bullish, Trump tempers optimism | Analysis: Nearly 1M have run out of jobless benefits Grassley: Voters should be skeptical of Biden's pledge to not raise middle class taxes MORE (R-Iowa), the chairman of the Senate Judiciary Committee, which has jurisdiction over the issue, said he supported action to fix the law but had not had any discussions about the issue recently.

“To tell you the truth, I haven’t had a conversation on that for about a month,” Grassley said. “I think there was an assumption we were going to move on something.”