Public option, ‘opting out’ are mutually exclusive

W ASHINGTON — There is an air of desperate improvisation to Sen. Harry Reid’s scheme to pass a “public option” as part of health care reform, but at the same time provide an easy exemption for any state that objects to it. The warning flags ought to be flying for anyone who can count to three — let alone 60.

The Democratic majority leader embraced this odd idea in hopes of satisfying two conflicting imperatives. On one hand, he is under relentless pressure to satisfy the labor-left of his party in Washington, where a government-sponsored insurance plan has become the symbolic prize in the game, and back home in Nevada, where he needs union support to survive a scary election next year. On the other, he needs 60 votes to pass any kind of health-care legislation, so he must provide some comfort for moderate Democrats and possibly one or two Republicans.

Rather than bring a bill without the public option to the Senate floor and then hope to merge it in conference with a House bill almost certain to include such a provision, Reid bent to the political pressure and put his own needs first.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Even if he could make the tactic work, there is every reason for liberals, of all people, to reject it.

Consider the precedent that would be set if a major piece of social legislation were to be passed with a states’ rights provision. Imagine, for example, FDR had signed the first Social Security law with the proviso that any states with Republican governors and legislatures could exempt themselves from its coverage.

This might have seemed a minimal concession to conservative opinion.

But what would have followed? How long before some states would have demanded an exemption from the wage and hour law that established a minimum wage? And what about the clamor in a broad swath of the country when the first civil rights law was passed?

The principle behind almost all liberal legislation is that there are certain values fundamental enough that they should be enforceable at the national level, even if a significant minority of voters or a certain number of states disagree.

That issue was settled in the realm of economic policy during FDR’s second term, after the Supreme Court seated enough new justices to uphold the New Deal measures an earlier conservative majority had struck down. In the area of civil rights, Lyndon Johnson and a Democratic Congress put an end to the doctrine of states’ rights. Are we now to reopen those issues in order to make it easier for this generation of Democrats to short-circuit the legislative process?

These hypotheticals may seem abstract. But in the real world, the consequences would likely be all too obvious.

To take but one example: If a health-care reform with an opt-out provision were to become law this year or next, one of the first states you might expect to exempt itself would be Texas. Republicans now control the governorship and both houses of the Legislature, and the state had no trouble rejecting candidate Barack Obama.

But Texas is also a state with glaring differences among its residents. There are literally millions of the poor, of Hispanics and African-Americans who give their votes to Democrats. Are the Democrats running Washington prepared to say to them (and residents of who knows how many other states): Sorry about this, but you don’t get what the rest of us get?

I’m not entirely convinced that the public option is as essential as liberals seem to think it is. But if they are right, I don’t see how they can justify abandoning it for an uncertain number of people who have the bad luck to live in states with conservative governors and legislatures.

If a compromise is needed to get the bill to the Senate floor, far better to try Sen. Olympia Snowe’s suggestion of a trigger mechanism that would activate a public option if private insurance policies at affordable rates were not broadly available.

No one should be denied coverage options by virtue of their residence or place of birth.

David Broder’s e-mail address is davidbroder@washpost.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

Labor Secretary Lori Chavez-DeRemer testifies during a budget hearing before a House Appropriations subcommittee on Capitol Hill in Washington on Thursday, May 15, 2025. (Al Drago/The New York Times)
Editorial: Ending Job Corps a short-sighted move by White House

If it’s jobs the Trump administration hopes to bring back to the U.S., it will need workers to fill them.

toon
Editorial cartoons for Monday, June 9

A sketchy look at the news of the day.… Continue reading

A rendering of possible configuration for a new multi-purpose stadium in downtown Everett. (DLR Group)
Editorial: Latest ballpark figures drive hope for new stadium

A lower estimate for the project should help persuade city officials to move ahead with plans.

Comment: Trump’s science policy won’t set a ‘gold standard’

It’s more about centralizing control of science to make it easier to deny what it doesn’t agree with.

Comment: Can NASA’s popularity save it from deep budget cuts?

NASA logos are brand fixtures, a sign of public support. That could wane if cuts limit it’s reach into space.

Comment: Sen. Ernst’s sarcasm won’t help her keep her seat

Her blunt response regarding Medicaid cuts won’t play well in Iowa and won’t win back MAGA faithful.

Comment: Using prejudice against prejudice won’t end antisemitism

The Trump administration’s targeting of immigrants, dissent and universities only assures a longer fight.

A rendering of the new vessels to be built for Washington State Ferries. (Washington State Ferries)
Editorial: Local shipyard should get shot to build state ferries

If allowed to build at least two ferries, Nichols Brothers can show the value building here offers.

Solar panels are visible along the rooftop of the Crisp family home on Monday, Nov. 14, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Editorial: ‘Big, beautiful bill’ would take from our climate, too

Along with cuts to the social safety net, the bill robs investments in the clean energy economy.

FILE — A Ukrainian drone pilot in the Kharkiv region of northeastern Ukraine on April 24, 2025. Assaults in Russia and Ukraine have shown major military powers that they are unprepared for evolving forms of warfare, and need to adapt. (Tyler Hicks/The New York Times)
Comment: How Ukraine’s drone strike upends the rules of warfare

Inexpensive drones reached deep into Russia to destroy aircraft that were used against Ukraine.

toon
Editorial cartoons for Sunday, June 8

A sketchy look at the news of the day.… Continue reading

When will Congress stand up to Trump?

Waste, fraud, and abuse? Look no further than the White House. Donald… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.

You're browsing in private mode.
Please sign in or subscribe to continue reading articles in this mode.

The Daily Herald relies on subscription revenue to provide local content for our readers.

Subscribe

Already a subscriber? Please sign in