Senate Forces Indirect Vote on Healthcare Repeal, Approves Amendment to Rescind 1099 Reporting Requirements

As expected, on Wednesday Senators opposed to the Affordable Care Act failed to gain sufficient votes to include an amendment to the Federal Aviation Administration reauthorization bill that would have repealed the health care reform law in its entirety. While all 47 Republican Senators voted in favor the amendment (S. AMDT. 13), at least 60 votes were needed. Although there was some speculation that a few Democratic senators would cross the aisle and support the amendment, none cast a vote in its favor. Last month, the House approved by a vote of 245-189 the Repealing the Job-Killing Health Care Law Act (H.R. 2), legislation Sen. Majority Leader Harry Reid (D-NV) has said he has no plans to consider in the Senate. Including the repeal language via an amendment to a larger bill that already has significant bipartisan support was a back-door maneuver to force the issue to a vote in that chamber.

The Senate by an overwhelming majority (81-17) approved, however, an amendment (S. AMDT. 9) to the FAA bill introduced by Sen. Debbie Stabenow (D-MI) that would repeal the much-maligned expanded 1099 business reporting requirements for purchases of goods or services of $600 or more. A number of standalone bills seeking to repeal this Affordable Care Act provision have already been introduced by both Democrats and Republicans.

Earlier in the day, and only two days after a Florida federal court judge ruled that the Affordable Care Act is unconstitutional, the Senate Judiciary Committee held a hearing on the Act’s constitutionality. In a statement, Sen. Dick Durbin (D-IL) noted that: “[f]or those keeping score, twelve federal district court judges have dismissed challenges to the law, two have found the law to be constitutional and two have found the opposite.” Durbin explained the thrust of the constitutional challenge:

At the heart of the issue is Article I, Section 8 which enumerates the only powers delegated to Congress. One side argues that with the passage of the Affordable Care Act, Congress went beyond its constitutional authority. The other side, which includes those of us who voted for the Act, disagrees. Within those enumerated powers is one described as "the plainest in the Constitution": the power to regulate commerce. So the threshold question is whether the health care market is commerce. I think the answer to that question is obvious, but ultimately the Supreme Court will decide.

Witnesses testifying that the Affordable Care Act is, indeed, constitutional include The Honorable John Kroger, Attorney General for the State of Oregon and law professors Walter Dellinger and Charles Fried.

Panelists who instead agreed with the recent Florida court ruling that the Act is unconstitutional include law professor Randy E. Barnett and attorney Michael A. Carvin.

A link to a webcast of the hearing and to the witness statements can be found here.

Meanwhile, Sen. Ben Nelson (D-FL) has introduced a resolution asking the Supreme Court to expedite review of the Affordable Care Act’s constitutionality, and Virginia Attorney General Ken Cuccinelli has announced that he will file a petition to seek immediate Supreme Court review of Virginia’s health care lawsuit. The Justice Department, however, has stated that it would prefer to let the case proceed through the appellate court.

This entry was written by Ilyse Schuman.