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Cover for the Left and Right? Why Triggers Are the Talk of Washington


Rep. Nancy Pelosi (D-CA) with Sen. Harry Reid (D-NV)

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It's an obscure policy tool that isn't even written yet, and would be buried deep in the weeds of a thousand page health care bill. But somehow, a "trigger-mechanism" is the talk of Washington right now. How did that happen?

Substantively, the purpose of a trigger would be to delay--perhaps briefly, perhaps forever--the implementation of a public option; making it contingent on the failure of insurance companies to broadly expand access to affordable coverage. The question of how long that delay would be (one year? eternal?) is impossible to answer, and would depend in large part on the way the legislation is written. But it's that essential lack of certainty that could provide both liberals and moderates enough political cover to get on board.

As Senate Majority Leader Harry Reid said today, the strong preference among Democratic party leaders is to pass a health care bill without resorting to procedural tactics that would shut out Republicans completely. That means coming up with a plan that will win the support of (at least) Sen. Olympia Snowe (R-ME), whose preference all along has been to affix the public option to a trigger mechanism.

Her idea has gotten the nod from Sen. Ben Nelson (D-NE)--perhaps the most conservative Democrat in the Senate, and a good barometer for the sorts of policy objectives that can win the support of all moderate Democrats. His assent suggests that a trigger would allow the party's right flank to tell their conservative constituents that they didn't roll over and green light a big new government program. Their support will be necessary when Republicans filibuster. And the provision would, indeed, put the fate of the public option in serious doubt.

So the question now is, Will it provide similar cover for House liberals? For the entirety of the health care debate, congressional progressives have been emphatic about the need for health care reform legislation to create a "robust" public option--a government insurance plan that's tied to Medicare and, ideally, available the moment the bill takes effect. No triggers.

But the public option on offer in House legislation has already veered from the "robust" entity these progressives had in mind. Nobody on the left is happy about that. And a private co-op plan would almost surely cause revolt. But a trigger--particularly, as Speaker Pelosi suggested today, a trigger affixed to a Medicare-like public option--might allow them to vote for the legislation with a clear conscience.

Today, House Majority Leader Steny Hoyer and House Whip James Clyburn both said a trigger might be the way to go. And deputy whip Debbie Wasserman-Schultz said that while "now's not the time" for triggers, she's also not willing to play "my way or the highway politics" with health care reform.

It's far from a sure thing. But as Josh suggests here, it's the one way forward that doesn't seem destined to get the axe from either progressives or centrists, or that doesn't carry with it all of the procedural problems the reconciliation option poses.

It also doesn't scare off the insurance companies in quite the same way that a regular public option would. All of which probably explains why White House Chief of Staff Rahm Emanuel has been floating the idea for a long time now.

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64 comments

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September 8, 2009 6:45 PM   

The House on Tuesday voted 242-181 to approve an operating rules package (H Res 5) that eliminates the Medicare trigger

http://www.medicalnewstoday.com/articles/134729.php

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September 8, 2009 6:51 PM    in reply to Indie Pro

You do understand that the Medicare trigger was put into place by the Republicans in 2003 as a way to kill Medicare, don't you?

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September 8, 2009 7:03 PM    in reply to mans_best_friend

Wake me up when the Senate does the same (and as mans pointed out, this is a Republican trigger we're talking about). Getting something done in the House and getting something done in the Senate are major degrees of difficult apart.

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September 8, 2009 9:16 PM    in reply to Philv

The point is that you CAN REMOVE THE TRIGGER!

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September 9, 2009 12:09 AM    in reply to CranialRectalLoopback

Sure, by passing a bill in both houses of Congress and having the President sign it into law you can remove a trigger. You do realize that the same process can change or remove legislation in any way shape or form, don't you? So why worry more about the trigger than about the survival of the reform effort as a whole? Especially if the reform is passed by a 51 vote majority and can be revoked by the same 51 votes in a new Senate.

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September 9, 2009 10:52 AM    in reply to OhioGuy

yet, by the admission of many on TPM (I believe yourself is included), the public option is unpopular and it can't be passed, so isn't that a clear indication to expect the trigger to be removed as well. It's unpopular.

Yet, once inacted, like medicare, a public option would be near impossible to overturn.

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AJM

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September 9, 2009 1:44 PM    in reply to Indie Pro

Public option is not unpopular with the public -- check Nate Silver over at fivethirtyeight.com. It is difficult to pass because of the fear --often unwarranted -- among the Blue Dogs many of whom do not seem to realize that their districts probably support it and the loud objections they hear repeatedly are coming from individuals who would never vote for them in the first place.

Dingell's staff found that of the tea baggers who attended his town hall many were from out of district and I was told that the same was true in Mark Schauer's district nearby here in Michigan.

It is indeed much harder to eliminate a program which exists and is working -- such as Medicare -- than to eliminate a trigger provision. And it is also probable that a trigger provision could be gamed as much as the IRS Code.

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September 8, 2009 11:10 PM    in reply to Philv

what your willful ingnorance refuses to see is that this trigger was removed.

That is the point.

What is disheartening is how many people just want a win, at the expense of actual people. People struggling. People who will be forced to buy a product with no cost control measures, like the public option in place.

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September 23, 2009 4:03 PM    in reply to Indie Pro

Fun with the dashboard, coming to this very late but wanted to correct a mis-statement of fact on your part. The trigger has not yet been removed. As was stated above, nothing becomes law until it is passed by both houses and signed by the president. So no, the trigger has not been removed. Can it be removed? Yes. Is it easier to remove a trigger than to dismantle a program? Yes. In an ideal world would I rather have a public option (a real public option by the way, not what everyone here seems to be ready to man the barricades for) than a trigger? Yes. Do we live in an ideal world? I think you know the answer.

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September 8, 2009 11:07 PM    in reply to mans_best_friend

yeah, I'm aware of that.

you see it was removed though, right?

that it is worthless, right?

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September 8, 2009 6:49 PM   

Trigger means never.

If they go ahead with this they lose congress next year and the White House in '12.

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September 8, 2009 9:45 PM    in reply to Chris Weagel

I agree trigger=no reform and will never be pulled. Basically worthless. Good bye Dems, Green Party in 2010!

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September 8, 2009 6:53 PM   

Capitulation. A a watered down, ineffective bill that hands the Republicans a victory.

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September 8, 2009 6:54 PM   

Shocker: Obama to Adopt 'Bush Narrative' To Sell Health Reform!
http://satiricalpolitical.com/?p=8714

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September 8, 2009 7:00 PM   

Agreed that trigger means never. The Medicare Drug bill has triggers to pull down drug costs. They never have gone into effect, and never will as Big Health knows exactly where to draw the line and how to shift profit elsewhere.

Trigger = Boondoggle

John

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September 8, 2009 7:06 PM   

How are we ever going to compromise when right wing business owners complain about potentially saving $50,000 because of the public option, yet never once bring up the fact that they are spending $115,000 to insure 8 employees?

You have to watch this video.

http://progressnotcongress.org/?p=2821

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September 8, 2009 7:10 PM   

No bill is infinitely better than individual mandates without a viable public option. That is simply total capitulation to the health insurance industry.

If they go without at least a viable PO (not to mention single payer) or go with triggers, the Democrats will lose a huge percentage of their base.

Why did I do all that door-to-door stuff and give all that money to the dems? To help get them their huge majorities? What was all that for?

If they do this, I'll be looking for the "anybody but a democrat or republican" party next year.

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September 8, 2009 7:14 PM    in reply to willia451

How is it "infinitely better"? With premiums doubling every year? How on earth is that better? I mean, people need some perspective here.

Even Baucus' bill. BAUCUS. His bill will lower premiums (not much, but it will be lower).

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September 8, 2009 9:17 PM    in reply to calchala

Because THE BILL in questions does NOTHING. Please, grow a brain.

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September 8, 2009 11:10 PM    in reply to CranialRectalLoopback

No it lowers premiums. It may not lower it much but it does. I would say your avatar is apt, but that would be damaging to your avatar.

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September 8, 2009 7:38 PM    in reply to willia451

Good luck with that.

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September 8, 2009 7:13 PM   

What the "trigger" really means from Daily Kos:

"Pelosi said she believed that a "triggered public option" would actually be tougher on the health insurance industry than one put in place "now." That sounds like baloney. Moreover, under current proposals the public option wouldn't be put in place until 2013 anyway, so there's already something like a "negative trigger," in which would allow Congress to kill the public option before it comes to life."

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September 8, 2009 7:14 PM   

I've got little respect for Congress and the reality may well be that a trigger would never be pulled because of weak leaders or subsequent revision. HOWEVER, I have to believe that in theory, a robust public option trigger may be at least as effective as a watered down real public option.

As the post points out, the House version is already less than ideal. What if the triggered public option was a real one?? With enforcement (yes, HUGE caveat), is it not possible for it to lower prices??

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September 8, 2009 7:22 PM   

Nebulous notions of "triggers" or increased regulation won't hurt the current healthcare business models any more than I could protect my property with a sign on the front door saying "If you keep robbing me, I might lock the door one day." This is especially true in an environment where the legislative scales are firmly tipped in favor of corporate over individual citizen's interests, and where an army of lobbyists is doubtless working tirelessly to insert regulatory loopholes large enough to drive a shipload of taxpayers cash through.

It appears that all talk of "Change" notwithstanding, Obama is allowing his signature issue to be twisted into yet another saprophytic corporate feast on the financial carcasses of the US treasury and the American middle class. If it happens, then it's a pretty good indication that government of the people, by the people and for the people has perished from at least this piece of the earth.

An interesting commentary on the media treatment of this whole abomination is that true to form, the closest headline to what is actually going on is provided by The Onion. Viz:

http://www.theonion.com/content/news/congress_deadlocked_over_how_to

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September 8, 2009 7:24 PM   

the strong preference among Democratic party leaders is to pass a health care bill without resorting to procedural tactics that would shut out Republicans completely

mark my words... this capitulation will earn Dems no Republican support now, nor will it increase the likelihood of any future republican graciousness or appreciation, nor will it even help in upcoming elections.

kowtowing to republicans is a euphemism for caving to corporate interests, and it is they who will be the sole winners from moves like this

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September 8, 2009 7:35 PM   

BIG MISTAKE!! HUGE!! A 'trigger' is an absolute joke and complete capitulation. The democrats are behaving like idiots and if they do this it will seal their loss of a majority and the republicans will have won in every way. They must be cheering and hooting about the 'trigger'.

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September 8, 2009 7:53 PM   

Oh, puhlease let's not kid ourselves that anything other than a Public Option is going to offer "affordable" coverage to the self/un/under employed, let alone those with pre-existing conditions. It's complete bullshit.
Insurance companies have had time to be "more honest" and less rapacious and deadly since Truman's day. See how that's worked out for the citizenry?
I'm a little slow but I think that 60 years ought to be enough coddling time; push has arrived at shove.

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September 8, 2009 7:57 PM   

It also doesn't scare off the insurance companies in quite the same way that a regular public option would. All of which probably explains why White House Chief of Staff Rahm Emanuel has been floating the idea for a long time now.

Rahm wants to be less scary to these immense corporations peddling the current tsunami of hogswallop? Well, that'll show 'em who's running the show, won't it?

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September 8, 2009 8:19 PM   

Why do I even bother to vote if both sides are going to screw me over?

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September 8, 2009 8:21 PM   

In theory, a trigger could work. In reality, it's a hell of a lot less likely. As with everything, the devil is in the details. Is it there to provide political cover for the blue dogs who've been arguing against the public option? Or is it there to make the insurance companies happy? The former might be OK, the latter would be a disaster.

Also, accepting a trigger would represent a huge concession by progressives. If they make it, what will they get in return? Subsidy provisions that ensure health insurance premiums really are affordable for everyone? Tougher regulations to prevent the insurance companies from denying claims right and left, and refusing to cover procedures your doctor says are medically necessary? If so, this may be a deal worth taking. If not, no fucking way.

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September 8, 2009 8:28 PM    in reply to Moose49

what will they get in return?

certainly, just more of the same.

"If you let 'em kick you five times, they’re gonna kick you five times. If you let 'em kick you three times, they’re gonna kick you three times..."

get ready for another weak-assed, failed democratic presidency if we get the BS trigger. triangulations and half-steps, shitting on progressives over and over. I've seen this movie before. yay!!

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September 8, 2009 8:31 PM    in reply to twirling fartknocker

to heck with it, I'll use the full quote from The Fugees album The Score...

“You let a mother fucker kick you five times, they gonna kick you five times. You let them kick you three times, they gonna kick you three times. You let them kick you twice, they gonna kick you twice. You let them kick you once they gonna kick you once. But if you break off the mother fucking feet–ain’t gonna be no more kickin’ going on…”

Even with a historically rare gigantic majority, when Reid is kicked or even taunted he calls out, "Thank you, sir, may I have another!"

So, progressives, is this it? We gonna take yet another kicking?!?

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September 8, 2009 8:31 PM   

If someone can explain to me how dropping the public option could be anything more than a subsidy to our badly deficient and immoral health insurance industry I would be happy to consider that route. I just don't see what the big selling point for a plan without public option might be.

The Bismark model? Fine. If we abolish for-profit insurance companies. And, you think public option is difficult?

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September 8, 2009 8:37 PM   

If they're going to do a trigger, it has to be an automatic trigger. It must be one that kicks in automatically, without the need for another vote in Congress or another Presidential approval, should certain objective requirements not be met. This is the only way it is going to have enough teeth. If it is up to some future Congress to determine whether or not to "pull the trigger," this is absolutely useless. We'll be having the same debate with the same talking points and the same other crap that we're having right now. And if it's a Republican Congress and/or a Republican President, you can forget about it getting done.

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September 8, 2009 11:15 PM    in reply to jdb316

even an automatic trigger can be removed.

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September 9, 2009 7:57 AM    in reply to Indie Pro

And, at least in theory, a future Congress and President can come along and remove a public option, especially if it got passed through reconciliation (which would require renewal after 5 years).

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September 9, 2009 10:48 AM    in reply to jdb316

like medicare, a public option would be impossible to remove.

A trigger, not so much. According to those on this site, they can't even find the votes to pass the public option, but it is your theory that they would have a hard time removing a trigger for a public option?

and then there is this, remove the public option if that is what must be done to get Insurnance Reform passed. But remove the mandates as well.

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September 8, 2009 9:12 PM   

It is time to point the trigger at Pelosi and Reid.

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September 8, 2009 9:19 PM   

Man, that would be a pretty tricky bit of drafting. Imagine the nearly endless litigation as to whether the public option has been "triggered." Why not simply expand Medicare to cover everyone?

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September 8, 2009 9:27 PM   

Once again Obama and his administration have shown their true colors. This country, as currently constructed, will never, ever, have true universal heath care, which should be everyones god given right. Obama promised change but ever so slowly its looking like more of the same. He is just a more competent, well educated version of all other presidents that have come into office. He, and the majority of our government, are nothing more puppets for the global elite. Its more of the same and will continue to be...

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September 8, 2009 9:51 PM   

A trigger is the same as no public option at all and no matter how they try and spin it, the base knows it and will not be there in the future when they seek support. A trigger is the ultimate insult to the base.

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September 8, 2009 11:11 PM   

Trigger means Dems lose me as a voter, permanently. What's the point of voting Republican lite?

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September 8, 2009 11:20 PM   

The trigger means you have a god given right to purchase a private insurance plan at whatever cost they want to charge. A right you all ready have. Except this time, you will be forced to exercise that right.


a trigger is something for sycophants, like many on this site, to acquiesce to. Many centrist Dems, these days, love to acquiesce.

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September 9, 2009 12:24 AM    in reply to Indie Pro

by god given right, i mean everyone, not some, not 97%, but all people should have access to health care. it transcends being a "demarcate" or "republican." these two words mean nothing anymore because there is ONE party with ONE agenda. government does not care about the peoples health, economic welfare or security. they care about making money and keeping the elite in power.

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September 9, 2009 9:19 AM    in reply to Baseball Fan for Reform

I hear ya.

If I remember correctly, this morning on Good Morning America Obama said that he'd veto a bill that did not cover everyone. Does that mean that one of the few things he'd veto the bill for is not having the mandate, the thing the insurance industry wants?

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September 8, 2009 11:25 PM   

So the Democrats fold like a tent upon Obama's insistence. Huh. Didn't see that one coming a mile away.

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September 8, 2009 11:36 PM   

It looks like even the "Progressive" Caucus is ready to fold up and sell us out. I guess the only thing left to do is dump whatever savings you have left, if any, into health insurance stocks.

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September 9, 2009 12:03 AM   

At this point it's up to the Dems in Congress. It is apparent that when the Democrats cave in as they so often do that they loose the support and respect of the voters. When they stand up for what they believe in and fight, which is a rarity, they win support. It is simple lesson they don't seem to learn. It is up to them.

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September 9, 2009 12:11 AM   

Trigger = stupid evil. We might as well have Reagan and the idiocy of neoliberalism back.

People who work at insurance companies can get other jobs. People who own insurance companies can ... wait, no other prosperous country tolerates such a farcical level of private health insurance, so they can't leave. Poor things.

Actually, that's a good question. Is there a country in the world with a more unjust health care system than the US? Can anyone name one?

Meanwhile, I'm coming to seriously distrust the current democrats in congress. They seem very corrupt and at odds with the hopes and dreams, let alone needs, of the American people.

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September 9, 2009 12:15 AM   

Why a vast minority of people from small 'red' states get to decide this is beyond me. The vast majority of Americans want single payer/public option and some paranoid heavily armed nut jobs who literally, and figuratively, live deep in the woods are the ones deciding this.

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September 9, 2009 12:28 AM    in reply to Libertine

Sorry to break it to you, it's called the Constitution. Remember a year or so ago when people here were up in arms about Bush bending or breaking the rules laid down in that document? Pissed me off too.

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September 9, 2009 12:31 AM    in reply to OhioGuy

The arcane, and amendable, rules of the Senate are put forward in the Constitution?

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September 9, 2009 12:39 AM    in reply to Libertine

You were talking about small states, not the rules of the Senate. I don't like the Midwestern centerists either, but would they be any better if they were from New York or California? Besides, a century ago it was the prairie progressives who led reform, when there were even fewer people in their states.

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September 9, 2009 12:47 AM    in reply to OhioGuy

Well that is what is holding it up...the rules of the Senate. Where a slim minority of the people can thwart the will of the vast majority of us. And in this case because they are ill informed and having their paranoia stoked.

That is what I was talking about.

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September 9, 2009 12:32 AM    in reply to OhioGuy

Besides the last time I did the math in a 100 seat body a majority was 50 and not 60.

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September 9, 2009 12:36 AM   

this is just another big "FUCK YOU" from Obama, Reid and Pelosi directly to the American people.

class war served up by the Democrats and Republicans against every working person in the country

AGAIN

it shouldn't be a suprise to anybody when the only group to benefit from "Change" to our laws is the already rich

I mean, WTF did you think when Obama keeps Bush's sec of defense, and head of the Fed?

The Obama apologists are beyond retarded, LizB, Maritza, and the rest of you halfwits will learn this lesson eventually.

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September 9, 2009 12:58 AM   

I will never fathom why the Democrats are bending over backwards to accommodate Republicans who, I guarantee, will never ever EVER vote for any of the bills put in front of them, even the bills loaded to the hilt with all sorts of concessions to their supposed interests. All this time and effort trying to appease people who 'negotiate' in the absolute worst of faith....unbefuckinglievable. Why is it so blazingly obvious to me and yet apparently so mysterious to all of them?

Trigger means never. Trigger means punt. Trigger is all about hoisting that "MISSION ACCOMPLISHED" banner up behind Obama.

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September 9, 2009 1:03 AM   

"But a trigger--particularly, as Speaker Pelosi suggested today, a trigger affixed to a Medicare-like public option--might allow them to vote for the legislation with a clear conscience."

A clear conscience? You gotta be kidding me! LMAO!

Any self respecting Democrat who would vote for that pile of crap with a clear conscience needs to have their sanity questioned. What they really mean is that they could rationalize away the humiliating defeat such an eventuality would represent and it would provide for them once again at least a fig leaf to use to cover up their impotence and cowardice.

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September 9, 2009 4:39 AM   

Ok, since a public option wasn't supposed to kick in until '13 anyway, set the trigger to go off then, and make the conditions for firing it such that it would be all but impossible for insurers to meet. I.e. include a meaningless trigger, that might as well not exist, but which is technically a trigger. Surely that would allow senate ConservaDems to vote for it with a "clear conscience".

Heh.

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September 9, 2009 5:29 AM   

If this goes down like this, the real crime will be against young voters (18-29 yrs old). In large part, Young voters fueled the rise of the dems over the last two election cycles; voting for Obama and the dems 67 - 33 %. They idealistically believed in the "Change you can believe in" mantra.

This is not change you can believe in. Its total capitulation to the health insurance lobby. They are salivating at all their new customers (subsidized by US), with no real check on them from a public backed plan.

I've always said, if the dems deliver, they will have sealed their dominance in American Politics for at least a generation. Because of young voters.

How will those same young voters feel now?

When they have individual mandates imposed on them. And no public backed PO to fall back on? Just more garbage private plans sucking them dry.

I think I know the answer to that.

The backlash against this is going to be enormous.

Progressives, left of center moderates, minorities, and labor need to stand their ground.

No bill without a viable public option included in the exchange from day one. A trigger means exactly zero. It will never be implemented.

If we can't get a viable PO with a democratic president, 256 dems in the house, and 59 dems in the senate, right now, what makes you think we'll be able to pull the trigger on a PO later?

The way its going down, we'll have fewer dems in Congress in the future, and the health insurance industry will be even MORE powerful. They will have successfully blocked a PO now. And will never allow a trigger to be pulled later.

I don't know what else to say. We need to stand our ground on a viable PO now. Even if that means no bill, at least we will have shown courage and that MIGHT be able to hold the progressive base together somehow.

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September 9, 2009 6:01 AM   

Moreover, for all that are saying the PO in the house is watered down anyway, my response to that is SO WHAT?

The objective is to simply get one IN the legislation.

We can always strengthen it later. That's the way progressives have always had to do it.

And that's why the health insurance lobby is pushing back so hard against ANY PO. On ANY level.

They know that. Just as well as WE do.

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September 9, 2009 9:59 AM   

Why is it assumed that the trigger will never be pulled?

I understand that an act of Congress and a signature by the president means it can be revoked, but of course that goes for everything. And I don't think the Republicans will earn back such a majority and damn time soon in order to do that.

I am asking honestly why everyone thinks the trigger will never be pulled. If we're all in agreement that that the insurers will not be able to meet the demands of the trigger (and if they somehow do, that means premiums will be more affordable and more people are covered), then why is it assumed that the trigger as laid out in law will not kick in?

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September 9, 2009 10:45 AM    in reply to plynch22

Did you read the first few comments? A trigger can easily be removed. The Republicans put in a trigger on Medicare, and we removed it. You cannot count on what you don't have yet. Period. This is politics for gods sake.

The only reason Social Security survived is because by the time Eisenhower and the Republicans got back in power in 1952/53, so many people were using the benefit, they couldn't kill it them. Even though they wanted too.

It will be the same way with the PO. If we get it.

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September 9, 2009 11:20 AM   

It's all about kicking the can down the road on the most contentious part of health care reform. Washington, baby.

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