Democrats can use the lame duck session to start critical initiatives

Joe Biden will not be sworn in as president until January, but Democrats have a real chance to do important work in the lame duck session. They have leverage because of the need to continue to fund the government before Congress breaks for the holidays. But the leverage is there only if the Democrats are willing to play hardball with Republicans.

The country is in desperate need of one more significant rescue package for unemployed workers, small businesses, and states and localities. The House passed a $3 trillion package in the spring, but the Senate has done nothing but offer a trifling $500 billion deal. Democrats have an opening since government funding runs out in less than three weeks.

If a reasonable deal is not reached in Congress, Democrats should insist that such federal funding not be renewed without any stimulus package close to their reduced offer of $2 trillion. If that will mean a government shutdown next month, then so be it, because Americans will understand which party refuses to come to the table in the current crisis.

Democrats should not extend federal spending levels for 60 days without significant additional rescue money. If it does not come soon, the damage to so many businesses and individuals is likely to be permanent. Moreover, Democrats also owe it to the next administration to take this issue off the emergency agenda so that the new president does not have to clean the financial mess that Republicans would leave behind for him.

There are two reasons to think that Republicans will engage in talks. First, they want to head home for the holidays. Because the stimulus issue will remain, they might as well tackle it now with the budget deal. Second, the two senators from Georgia want to be home to campaign for the runoff in January. Their opponents on the trail noted that the incumbents refuse to back a stimulus package. Focusing on what the Republicans are unwilling to do can assist the challengers whose victories would create a tie in the Senate that Kamala Harris would break as the vice president.

Democrats should also make one more addition to the funding law. In the latest assault on the Affordable Care Act before the Supreme Court, most legal observers believe that it will be upheld. It was first upheld because the majority found the individual mandate to buy health insurance was a constitutional tax. Republicans zeroed out that tax in 2017, and now they claim that the entire law must fall since the tax is gone. If that view were held, it would end popular provisions like the bar on existing conditions and increased Medicaid coverage available with most states.

The way to avoid even a minimal risk is simple. Congress could restore the tax for those without health insurance but limit it to $100. Introducing the critical amendment will force Republicans to tell constituents where they stand on taking away their health care benefits, notably the two senators from Georgia, where greater Medicaid coverage is in effect.

Some Democrats worry about blame if there is a government shutdown. But how about the credit for saving the Affordable Care Act and sending the federal stimulus money that Republicans refuse to support? Avoiding a government shutdown now will not prevent it from arising later. Further, whenever that happens, Democrats can easily demonstrate who is at fault. Finally, there are some strong ideas worth taking the heat for, such as the coronavirus relief package and secure health care coverage.

Democrats cannot do this alone. They need full support from Biden. Most Americans support the Affordable Care Act and concur that more federal assistance is vital for those who are suffering with the economic downturn and need a way to make ends meet until the pandemic is over. Democrats should take a firm stand that includes no resolution without stimulus relief and protection for the health care law that Americans want.

Alan Morrison teaches constitutional law at George Washington University.