The third attempt to “repeal and replace” the Affordable Care Act (ACA) has already died.  Last week, however, it seemed like it might work.  Senate Majority leader Mitch McConnell tried adding inducements to win back “moderate” Republican senators.  Senator Ted Cruz added a proposal to require insurance companies to sell one full “Obamacare” policy in return for the freedom to offer more stripped-down policies as well.[1]  As is now known, McConnell’s effort to pull in votes from the two wings of the Republican party failed.

It is worth noticing several points that were not well articulated in the commentary.  First, critics claimed that the Cruz proposal would trigger a flight from the ACA standard policies on the part of younger, healthier (and often lower income) people.  That is, the ACA created not just an “entitlement” for some, but an irksome burden for many others.  Second, late in the Obama administration, a federal court held that the money for the insurance subsidies does not come from any Congressional appropriation.  Hence spending that money is illegal.  The Trump administration has not stopped paying the subsidies or hurried the case to the Supreme Court.  It seems likely that this Court would affirm the lower court.  In that case, the subsidies would stop and the market places would encounter some turbulence.  Third, the Republican party alone did not put Donald Trump into the White House.  Many traditionally Democratic voters switched side to vote for him.  Letting Mitch McConnell and other mainstream Republican decide the form of a new health-care law works against the interests of Trump’s own base.  He might do better to actually try to lead in conjunction with the Republican “moderates” and whatever Democrats he can pry loose.

The latter may not be so far-fetched as it sounds.[2]  First, Democrats have been debating whether the embrace of Bernie Sanders by many Democrats amounted to a sugar high.[3]  After the triumph of marriage equality,[4] transgender rights became an important liberal cause.  There are a great many gay people, but not a lot of transgender people.  Certainly their rights deserve as much protection as do those of anyone else.  However, was it politically wise to unleash the whole force of right-minded contempt on the many people who have not yet reached the point now occupied by urban liberal opinion?[5]  Then, you don’t see a lot of “We Oppose Our Local Police” yard-signs out there.  There are about 1,000 police shootings of civilians every year.  Focusing on a few high-profile cases, no matter how egregious they appear at first glance, may not be a winner.[6]  Democrats are divided over these and other issues.  The current chaos inside the Republican Party offers some of them a chance to actually accomplish something.  Much would depend upon Trump deciding to be president and Democrats shifting toward pragmatism.

[1] “Divided GOP haggles over health-care bill,” The Week, 21 July 2017, p. 5.

[2] “Democrats: Should they shift to the center?” The Week, 21 July 2017, p. 16.

[3] Meanwhile, in Venezuela,…

[4] Which I fully supported.  Why should gay people be the only ones with a socially-approved out?

[5] It is worth reflecting on how long it took for President Obama’s position on marriage equality to evolve.  An estimated 25 percent of people self-identify as liberals.  A recent survey of small town Americans reported that just over two-thirds of the respondents felt that they had different values from people in urban areas (probably why they’re still stuck in the boonies).  Almost as  many (56 percent) believe that the federal government does  more to help the cities than for people like them. “Poll Watch,” The Week, 30 June 2017, p. 17.  Hillary Clinton lost in the Electoral College, not in the popular vote.

[6] Of the 80 police officers arrested for fatal shootings since 2005, 28 have been convicted.  “Noted,” The Week, 30 June 2017, p. 16.  One can read this as a warning against a rush to judgement until all the facts come out.  Or you can read it as a sign that juries of ordinary citizens are reluctant to second-guess the police officers who protect their communities from other dangers.