Republicans have no “Plan B” for healthcare

As the Supreme Court heard arguments in the King v. Burwell case this week, it has become abundantly clear that opponents of Affordable Care Act still have no plan of their own. In the five years since the law’s enactment, its critics have worked systematically to dismantle, destroy, and undermine its key provisions. Yet, to this day, they have failed to present a thoughtful substitute plan that would provide health security to the American people. 

Instead, we are now hearing about a potential stop-gap measure to grant COBRA-style insurance and temporary premium assistance to people who could lose premium tax credits as a result of an unfavorable Supreme Court decision. Proponents of such a proposal describe this as “a bridge away from Obamacare.”  But the reality is that – without a plan to guarantee that the American people continue to have access to affordable health care – this is a bridge to nowhere.

{mosads}Their proposal is no substitute for the health security that the Affordable Care Act provides. Instead, it is an example of the Republican Party shirking its duty to the American people by obscuring its views and putting off the work of formulating an alternative to a later day.

As the majority party in the Congress, Republicans have a responsibility to present to the public a thorough and honest explanation of their alternative plan for moving the country forward. The people deserve to know what the party that controls their Congress stands for, not just what it is against. Unfortunately, the majority has failed time and again to perform this duty.

Rather than offering constructive ideas, collaborating on workable solutions to problems, and working to facilitate implementation of the Affordable Care Act, Republicans have engaged in all-out attack on this landmark achievement. The House of Representatives has voted more than 50 times on bills to repeal all or part of the law. Courts have heard – and rejected – numerous lawsuits attempting to gut its provisions. And most recently we have witnessed numerous partisan attacks against the president and the administration for not announcing a “Plan B” in the event that the subsidies are overturned.                                                                                                                                        

This strategy of destruction and blame-shifting is out of step with how policy is made and implemented in this country. In the American system of government, it is the role of the Congress to write the laws. If a court considers undoing part of a law, it is not the responsibility of the Administration to prepare a contingency plan to rewrite the law. That responsibility falls squarely on the Congress. And when a single party controls both chambers of the Congress, that party bears the entirety of that responsibility – particularly when that party is a driving force behind litigation to undermine the law.

I ultimately expect the Supreme Court will uphold the subsidy provisions. The text of the statute is clear. Congress always intended the tax credits to apply to every eligible American, regardless of whether States choose to set up exchanges or whether they choose to let the Federal government do so on their behalf. The petitioners have advanced a weak argument that is contrary to the text and spirit of the law. And their claims continue to fall apart as we learn more about them.

However, if the Court were to rule against the subsidies for the federal exchange, it would create chaos for the health care system. Millions of Americans would lose tax credits that are making their insurance more affordable, premiums would skyrocket across the country, and the individual insurance market would be devastated. Absent a Plan B from the majority, families would suffer and the health security of the entire country would be placed into jeopardy.

It is my fervent hope that opponents of the law move beyond the blame game, set aside partisan non-solutions, and present to the public a clear explanation of how they plan to protect middle class families from this outcome. The American people expect and deserve no less.

McDermott has represented Washington’s 7th Congressional District since 1989. He sits on the Budget and the Ways and Means committees.