From ‘Opt In’ to ‘Opt Out’: Schumer’s Key Role
ABC News' Teddy Davis Reports: If an immediately available — no trigger — public option makes it to President Obama's desk, the member of Congress who may deserve the most credit for making it happen is Sen. Chuck Schumer. The New York Democrat came up with the idea of a public option with a state opt out clause just a few short weeks ago. Schumer's proposal, which was publicly embraced on Monday by Senate Majority Leader Harry Reid, D-Nev., is a more liberal variation of an idea originally developed by moderate Democratic Sen. Tom Carper of Delaware. Carper wanted to give states the option of choosing to create their own state-based, or regionally-based, public insurance options. While Carper's proposal was met with positive reviews from some conservative Democrats, liberals remained concerned that state-based public options wouldn't have the bargaining power of a nationwide public plan. Even more importantly, Carper's proposal would have placed the onus on the advocates of a public option. For this reason, the Carper proposal failed to catch on with progressive Democrats. It was at this point that Schumer came up with the idea of inverting Carper's proposal: instead of giving states the option of opting in, give states the option of opting out. "The goal was to make it a default choice available to anyone who wants it," said a Democratic Senate aide. "Even if you have a Republican governor and live in a Red State, the public option will be available right away and you can fight to keep it." Under Schumer's proposal, legislation would have to be passed by the state legislature and signed by the governor in order for a state to remove itself from the national public plan. Progressives, who had been deeply dismissive about Sen. Olympia Snowe's, R-Maine, proposal to create a public option only as a fallback if affordable private insurance was not available, quickly warmed to the state "opt out" proposal. Conservative Democrats, however, remained a tougher sell. Carper himself never officially signed onto the Schumer proposal, preferring his own more moderate version. But about a week and a half ago, Schumer altered his lobbying strategy with conservative Democrats: instead of asking if they would support a public option with a state opt out clause, Schumer simply began asking if it would be "a deal breaker" for them. What he learned, according to a Senate Democratic aide, was that his fellow Democratic senators were not "put off enough" by the proposal to say that they would "join a Republican filibuster." Once the Schumer proposal showed that it was capable of winning the support of liberals and moderates without provoking an immediate backlash from conservative Democratic senators, Reid decided to "roll the dice" and include a public option with a state opt out clause in the legislation which will reach the Senate Floor. Although Monday was a big step forward for advocates of a public option, there are still considerable hurdles ahead. While Reid believes he can hold 60 Democratic senators together behind a motion to proceed on a bill which includes Schumer's proposal, Democrats did – at least temporarily – lose the support of Snowe, heretofore their lone Republican supporter, and there are still at least three Democratic senators — Sen. Blanche Lincoln of Arkansas, Sen. Ben Nelson of Nebraska, and Sen. Mary Landrieu of Louisiana. — who have not committed in public to backing the motion to proceed. These senators maintain that they want to see the specific legislation before committing their votes in public. "It's a great day. It's a giant step forward. But it aint over 'til the fat lady sings," said Schumer on Monday evening while appearing on MSNBC's "Countdown with Keith Olbermann."

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Now even intelligent democrates want to see what is really in the bill before commiting to it, even they want some of that transparancy that is so lacking even though it was promised by the lier in chief.
Posted by: earl | October 27, 2009, 7:44 am 7:44 am
Something tells me that if this is Chuckies idea then opting out will be punishable by having finger nails pulled out or having a fine that will be so steep that it will bankrupt a state.
Posted by: david | October 27, 2009, 8:00 am 8:00 am
And I’m guessing just like the stimulus package, any Gov that decides to opt out of it will have the Obama Admin and MSM attacking them left and right for not going with the flow and just accepting it.
Posted by: mikemcdon321 | October 27, 2009, 8:10 am 8:10 am
Thank you, Senator Schumer. I like to see creativity and innovation in American politics. This is democracy in action. I am very proud of our representatives who are hanging in there and working to find a healthcare solution that works.
Posted by: Amy | October 27, 2009, 8:23 am 8:23 am
I live in Texas, which has the highest rate of uninsured in the nation. It will be very interesting to see how the GOP reps, who dominate our legislature, handle this here. Pete Sessions has more uninsured in his district than any other district in Texas…..but is in denial about the need for change to healthcare…maybe because of the hundreds of thousands he has received from the insurance industry lately.
Posted by: Mary G | October 27, 2009, 8:39 am 8:39 am
States will opt out to save them money (which will be spend on politically advatangous projects) and keep the poor out. This is the America we will see. This compremise is not worth bipartisan support. The Senate is not making it easy on the people or the President.
Posted by: Wayne | October 27, 2009, 8:42 am 8:42 am
I live in Texas as well. Texas governor, Rick Perry, has been very vocal in his opposition to the current federal administration….so much so, that he refused federal unemployment stimulus stating it came with too many strings. The same will probably happen with health care if states are allowed to opt out.
Posted by: GirlOnTheRun | October 27, 2009, 8:58 am 8:58 am
Opt in or opt out, means that isn’t going to work….pure and simple.
Come on folks, open your eyes.
Posted by: Rick McDaniel | October 27, 2009, 9:18 am 9:18 am
How about making an “opt out” clause for every bill the dems pass? It would be great for the country!
Posted by: angus | October 27, 2009, 9:23 am 9:23 am
This is just another way of dressing the monkey but it is still a monkey. The dems plan is to get the govt. option and pour your tax dollars into it and make it cheaper than the insurance you can buy on the free market. Once this happens people will pressure their state legislators to go with the public option. The dems are just using the back door to get the same thing.
Posted by: sammy | October 27, 2009, 9:26 am 9:26 am
Is this not a lie??? If they opt out the opt out will include medicare and medicaide?? Who is lying to who here. So in reality the opt out is a control chip.
Posted by: Jim Rod | October 27, 2009, 9:31 am 9:31 am
Well the deep red states will opt out and then the people can go after their govenors. I think its a good idea people and the states have a choice its not being forced great job Sen Schumer!
Posted by: Angie in Pa | October 27, 2009, 9:41 am 9:41 am
I live in Georgia, and I will “CLOWN” if this rich, bald republican doesn’t see that this “pitiful” state need Healthcare for it’s citizens….Georgia is a “stoneage” state, masqurading as a modern state, controlled by Republicans but has conceded the city of “Atlanta” only to the progressives….has been that way for decades.
Posted by: sara | October 27, 2009, 9:45 am 9:45 am
Chuck Shumer’s other great moment when he said the American people didn’t care about PORKY amendments added to bills is another example of his fine Democratic thinking which is not in line with the American people.We do care when so called PORKY amendments are added to a bill,contrary to what Chuck thinks.I believe he will find that out in his next and last election campaign.
Posted by: Johnny L | October 27, 2009, 9:50 am 9:50 am
Sara
you can count on the Red states Opting out. Republicans do not care about people they care about how much money they recieve from the Big Insurance compaines!oh and war!
Posted by: Angie in Pa | October 27, 2009, 9:51 am 9:51 am
Amy and Angie – Pie in the sky people! I can’t believe all the uninformed, blind, O’Bama lovers out there who REFUSE to see the truth!! This administration is RUINING America and our children and grandchildren will pay for it. The latest Gallop poll showed “The Economy” at 44% and “Healtcare” at 5%. That’s what the American people think of this monstrosity! No thanks to Shumer, this bill will bankrupt America and there are far too many people willing to let that happen under the mistaken assumption that this will be “good for us.” No, it will not. This needs to be done but done in increments. Try this and see if it works, then try that. Why does this have to all be done YESTERDAY? Because the government wants to POWER in America and if this passes THEY WILL HAVE IT!! WAKE UP, AMERICA!!!
Posted by: M. Smith | October 27, 2009, 9:52 am 9:52 am
And I’m guessing just like the stimulus package, any Gov that decides to opt out of it will have the Obama Admin and MSM attacking them left and right for not going with the flow and just accepting it.
mikemcdon321 | Oct 27, 2009 8:10:10 AM
If by attacking you mean pointing out the truth, which can indeed be a devastating attack on modern Republicans, yes. Any state that opts out will have lower taxes – and end up paying more for lower quality healthcare. We’ll see how that sits with ‘self reliant’ red states (who coincidentally are already heavily subsidized via federal spending supported by blue states who actually value infrastructure, education, and social cohesion – check out the numbers from the conservative Tax Foundation).
Posted by: jhw539 | October 27, 2009, 9:58 am 9:58 am
THIS ADMINISTRATION IS RUNNING AMERICA SAYS M SMITH REALLY?
Bush nearly bankrupted this country because of his wars more and more Jobs lost under the Bush Admin People lost more homes under the Bush Admin, people lost their Retierment in the 401ks under the Republican admin. Lots of live lost under admin worst terriost(911) attack under Republican admin,Allies turned against us need i go on oh more and more people bankrupt under his watch pluuuuuuuze wake up and smell the truth!
Posted by: Angie in Pa | October 27, 2009, 9:59 am 9:59 am
If they opt out the opt out will include medicare and medicaide?? Who is lying to who here. So in reality the opt out is a control chip.
Jim Rod | Oct 27, 2009 9:31:58 AM
You are lying. The opt out will not include existing programs, just like the proposed additional taxes states would opt out of are not to support existing programs.
Posted by: jhw539 | October 27, 2009, 9:59 am 9:59 am
Bush is gone, Angie. Face it, he even looks pretty good right now considering what we ended up with! I think that 10 months into an administration is probably long enough to blame the last one! You have to know in your heart that this is not working. He has accomplised NOTHING good for America. He has spent his time overseas APOLOGIZING for America! SHAME! We need NOONE to apologize for our great country. If he could find time to come in off the golf course, he might see that his party is ruining what could be a fair, bipartisan healthcare bill. It just needs to be done in increments and not shoved down our throats in one big gasp!!!
Posted by: M. Smith | October 27, 2009, 10:06 am 10:06 am
It certainly a sad day when you have to bribe members of your own party to do the right thing.If these conservative democrats were living on the same planet as the rest of us ,they would not need to be bribed.Vote them out in the next election.Do not sign their petition ,so they can not get on the ballot,then some one else will run in the election.
Posted by: suddencall | October 27, 2009, 10:07 am 10:07 am
M Smith
umm its only been 9 months and gee no attack like Bush 8 months in office! hes done nothing huh? Well lets see the Economy is getting better he saved it from Bush running it over the cliff stock market has been doing well, We have gained respect from other countries. We have caught more terriost in this country then the Previous guy YES BUSH IS GONE AND THANK GOD FOR THAT! And what Bi-Partisan Republicans have been the party of NO Since Jan even when the Dems throw things in the bills they want they still say NO NO NO They have no Intentions of working with the President or the Democrats. and to be quite honest if we wait for them to get on board more and more people will die or go Bankrupt because of health insurance! THE IRAQ WAR WAS SHOVED DOWN OUR THROATS Dont get it twisted the Healthcare debate has been going on since Feb!
Posted by: Angie in Pa | October 27, 2009, 10:25 am 10:25 am
There will be no choice for the states.
Just like the feds did with the stimulus bill, they will force the states to do as the feds please.
The states have become too dependent on the federal government for money to resist the overwhelming, oppressive might of the federal government.
Posted by: ConstantXI | October 27, 2009, 10:37 am 10:37 am
ConstantXI
We have had MaineCare, a state based health insurance system in Maine, for some time now. I’m sure other states have also had a version of the “public option”. The states who have tried to cover the uninsured have served like laboratories for the federal public option. These state programs can tell us a lot about the pitfalls, problems and the solutions to these challenges a public option would entail. Let’s learn from them!
Did you know employer based health insurance originally started out as a marketing ploy? It was designed to
generate profits for hospitals, then it was offered as a benefit to attract employees (back in the day when there were more jobs than workers.) There is nothing sacred about employer based health insurance. We need to change with the times, the old system doesn’t work. Don’t be afraid to innovate!
Posted by: Amy | October 27, 2009, 10:53 am 10:53 am
This doesn’t sound good at all. The last thing I need in NY State is to watch my taxes go up to support a state health insurance that I would not be able to use. I pay enough in taxes for Medicad. Keep it at the federal level.
Posted by: Steve K. | October 27, 2009, 11:13 am 11:13 am
Posted by: Angie in Pa | Oct 27, 2009 10:25:14 You have any facts to back up your opinions? The Economy is getting better? What country are you living in? Obama land or the one that has an unemployment rate of about 9.5%. After the chosen one said it would not go above 8% now they say 9.5-10% is the new normal? So to look better they lower the bar?
Posted by: batesba74 | October 27, 2009, 11:47 am 11:47 am
jhw539 you need to read and listen to the news. On abc local news reporting from washington 10/26/09 the report stated that the fear of opting out was to lose medicare and medicaid because they will be included in the whole government plan for the health care. Listen to the news on the bias channels as you do and they sometimes tell it.
Posted by: Jim Rod | October 27, 2009, 11:53 am 11:53 am
Angie in Pa : You think the fact that we have not been attacked in the United States since 9/11 has something to do with the Bush Administrations War on Terror? Or founding the Department of Homeland Security, and As for 9/11 Maybe if Bill Clinton would have been paying attention to the Terrorist living planning training in the United States for the attacks instead of trying to get some tail maybe we could have prevented it, maybe if he would have taken the attack on the USS Cole as an act of war and did something maybe the war on terror would have started earlier. Maybe if Obama was so great like you claim the American Deaths in Afghanistan would not be 55% higher than in 2007 and 40% higher than in 2008 or civilian deaths up 24% in 2009! Give me a Break.
Posted by: batesba74 | October 27, 2009, 11:56 am 11:56 am
Is this “Opt out” clause how the liberals in Congress say, “We can’t agree at the Fed level so let’s pass this mess on to the states to figure out?”
Posted by: Shane | October 27, 2009, 12:12 pm 12:12 pm
The purpose of all this healthcare reform was to get everyone on insurance. So what the opt-out will do will leave the remainder to pay the costs. The Democrats even admit without this idea there will still be more than 25 million uninsured. What’s the point of all this nonsense????
Posted by: Think Win-Win | October 27, 2009, 12:48 pm 12:48 pm
M Smith, I agree with Amy and Angie and would much rather be a “pie in the sky person” than some one who has their head in a place where the “sun never shines”. I LOL every time people like you fall for the “what about my children and grand children” line the conservatives use. Let me ask you this. With 40 million or so (and counting)who can’t afford health care, just what is their world going to be like for them if we all remain negative and obstructionists about reform? Have you ever thought about that? I doubt it. Conservatives seem to only listen and react to “sound bites” made by those that”have”, while the have nots are simply forgotten.
Posted by: CND FOX | October 27, 2009, 1:02 pm 1:02 pm
“Lots of live lost under admin worst terriost(911) attack under Republican admin,”
——–
Whenever anyone dares to complain about President Obama, the first battle-cry from the left is “He’s only been in office for x number of months.” and “It’s all Bush’s fault.”
Here is a bit of history: President Bush took office January 2001, the 9/11 attacks happened in September of 2001, just 9 months.
Now, which party held the White House before President GWB took office? If you had bothered to read the many news reports, not to mention the 9/11 Commission Report, you would know that the 9/11 attacks were in planning and developing stages long before January 2001.
You can’t have it both ways, folks. You want to blame 9/11 on President Bush although only 9 months had past since he assumed office. But President Obama isn’t reponsible for anything since he was sworn in…still….after 10 months.
Posted by: malcat | October 27, 2009, 2:00 pm 2:00 pm
You can’t have it both ways, folks. You want to blame 9/11 on President Bush although only 9 months had past since he assumed office. But President Obama isn’t reponsible for anything since he was sworn in…still….after 10 months. Posted by: malcat | Oct 27, 2009 2:00:56 PM —- You are right on this point. Intelligence gathered before 9/11 was mishandled and poorly transmitted from one agency to another. Tax cuts, deregulation, the Iraq war, Medicare Part D though, are squarely on the GOP plate, in particular on Bush’s. One thing comes to my mind though as far as healthcare goes: Wal-mart and some other large companies “self-insure” and take out money from paychecks, just like a tax, to provide healthcare without going through any intermediates, pay providers and medications directly out of that money and covers all its employees. Almost like universal single payer healthcare… They have found that if there are enough people in an organization, there is sufficient cost reduction through broadening the revenue base to bypass the “for-profit” insurance industry. What if they had 307-million people in their organization? How much more could they save… Is Wal-Mart socialist or just pragmatic?
Posted by: treblig56 | October 27, 2009, 2:31 pm 2:31 pm
It amazes me how one can be so blind to the corruption and total devestation caused by the bush-cheney administration. In the 10 months, Obama has been in office, He had to clean up the large mess made by the worst president in history, He had to reestablish relationships with other world leaders, Stop financial ruining. He had to put his platform on hold to right the ship. Like it or not Obama now, Obama in 2010 and Obama in the next election
Posted by: j.r. | October 27, 2009, 2:38 pm 2:38 pm
Shane, why do you see boogey men behind every door. Those who are always bringing up potential hypotheticals sound paranoid. Which ever direction health care reform takes some fringer sees problems. If you do not want a public option. don’t use a public option. If the Governor or Congressmen, or Senator of your state chooses to opt out, you have nothing to worry about. You’ll be able to continue your unilateral relationship with whatever insurance cartel member you are dealing with. If your state opts out, as Limbaugh once said, “get ready to bend over and grab your ankles.” Once it’s in place, you’ll be begging to participate. I know you don’t believe that. Time will tell. It’s just my opinion, and opinions can never be wrong. Not even yours.
SECREG_756
Posted by: secreg756 | October 27, 2009, 2:52 pm 2:52 pm
A very good friend of mine is finally understanding the Obama option is not a bad thing. He is very savvy about health care. Many conversations have been back and forth with pro’s and cons
of health care reform. Dating back to when there was an 1108 page pot pouri of different ideas, Up and to this morning. Ed was always anti option and anti reform. He was well armed with potential hypotheticals which would have led to disasterous results. Today as refrom and the option are begining to become more clear, he is down to one objection. Reform could EVENTUALLY lead to a government run health care system.
Not immeadiately, or in the for seeable future, Ed Conceded. But it is a possible out come. Obama and the Democratic party does not want to Socialize America. IMO, they want to level the playing fields between GIANT CORPORATE CEO’S and WE THE PEOPLE of our great nation. Besides, what is left to Soialize? America doesn’t make anything any more. SHANE, fringers, birthers, deathers, what industry are you afraid Obama will be socializing any time soon? All our jobs were out sourced to other countrys. Today almost all customer care services are located outside the country. If you want to rail against the condition and direction our country is taking, start with the corrupted politicos and end with their bosses, Corporate CEO’s.
After CITI-bank received TARP money, the CEO immeadiately applied for 100,000 JV1 visa.s. That’s the form required to outsource jobs from America to other countrys. It’s not Obama, nor the Democrats, we live in a different country than we grew up in. Follow the money to the feet of the Republican party. The party of de regulation.
SECREG_756
Posted by: secreg756 | October 27, 2009, 3:09 pm 3:09 pm
Secreg…good points.It is all about following the “deregulation” and as a direct consequence the “money trail right back to the feet of the Republican/Conservatives. Have you ever read Thomas Frank’s book “The Wrecking Crew” that fully documents and explains Conservative philosophy and strategy right back to the 1980′s? It is a great explanation as to how they took people like Shane and turned him against the middle class of which he is probably a part of. I agree..people have no clue in how to follow the money trail and that is what gets them in trouble. Free market entrepenuers are only concerned with ONE THING…their own bottom line. The “playing field” for the middle class is extremely “out of balance” because of that. Good, sound government and regulations are the only thing that protects the middle class. That is what we need to get back to.
Posted by: CND FOX | October 27, 2009, 4:08 pm 4:08 pm
I hope the health care bill is defeated in Congress. I like the health care I already have.
Posted by: John Demeter | October 27, 2009, 4:18 pm 4:18 pm
Ditto
Posted by: secreg756 | October 27, 2009, 8:31 pm 8:31 pm
Congress keep up the momentum. They’re running scared. Now the doctors are using scare tactics against seniors. It’s time to rein in the healthcare industry abuse that was allowed to run its course under George Bush.
Posted by: JOEL | October 27, 2009, 11:47 pm 11:47 pm
To those who live in Texas, another 8-10 years, your state will be turning blue just because of demographic change…eventually you folks will opt in…
Posted by: phantomniter | October 28, 2009, 9:08 am 9:08 am