What Happens With Health Care Reform Now?

The election of Republican Scott Brown to the U.S. Senate in Massachusetts raises serious questions about the future of health care reform in Congress.

What will the Democrat-controlled Congress do now?  Given the close relationship between this race and the health care issue, there are a number of various possibilities on where this debate goes from here.

You can read the ACLJ Legal Memo on MA Election Law here.

With a Scott Brown victory, here's the situation:  The Democrats in the Senate lose the 60 vote filibuster-proof majority.  This should spell the end of debate on this measure, and restart the conversation on the best way to address the real problems with health care without resorting to government-run care. 

Somewhat shockingly, though, there are preparations underway to essentially ignore the will of the Massachusetts people by forcing a final version of the bill into law without allowing the new Senator a chance to vote on it.

There are two main ways this could occur:

First, the House and Senate could both attempt to rush the final version of the bill through before the newly-elected Senator is able to present his certification of election.  This would allow the interim and non-elected Senator Paul Kirk to vote for the people of Massachusetts instead of the Senator they have just elected.

The second option would be for the House to take up and approve the version of the bill that the Senate previously passed, without amendment.  Clearly, this result is the same, as the legislation would be approved without allowing the new Senator a chance to vote on it.

Both of these scenarios would be a shocking abuse of power.  The American people must insist that the winner of this election be allowed a vote on this sweeping legislation.

Before the final vote tally, Democrat leaders were speaking out about the future of health care reform.  Consider this from House Speaker Nancy Pelosi who told reporters that Democrats would press ahead on health care whatever the outcome in Massachusetts.  "Let's remove all doubt that we will have health care one way or another. Back to the drawing board means a great big zero for the American people," Pelosi told reporters in California.

House Majority Leader Steny Hoyer expressed a willingness to consider taking up the Senate bill.   "I think moving ahead on health care is essential. ... I think clearly the Senate bill is better than nothing," he said. Asked if it would be possible to pass legislation in the 15-day mandatory window during which the Massachusetts election is certified, Hoyer said, "Yes."

Join us for complete election analysis on Jay Sekulow Live!  We'll also discuss our legal and legislative strategy regarding the outcome of this election and talk about what's ahead regarding health care reform.