House Republicans crafted a health-care bill behind closed doors and passed it quickly, and now Senate Republicans are attempting to do the same. Few GOP senators even know what's in the bill that could come to a vote next week, some GOP senators are speaking out, and analysts say the secretive nature of this process appears to be unprecedented.
“I've never seen anything like it, as far as the secrecy,” Paul Ginsburg, a health policy expert at the University of Southern California, told The Fix's Amber Phillips on Monday. Over at the Monkey Cage, meanwhile, George Washington University's congressional expert Sarah Binder lays out four ways in which the secrecy goes above and beyond.
That secrecy in a vacuum is one thing. But it looks infinitely worse when compared to what the GOP said about Democrats' secrecy in passing the Affordable Care Act in 2009 and 2010. And in fact, many of the GOP's passionate criticisms back then are eerily applicable to what they are doing today.
Notably, the GOP repeatedly attached that secrecy argument to the unpopularity of Obamacare — arguing that Democrats were ramming through the bill because it was unpopular and because Democrats wanted to pass it without having to defend it. Fast-forward to today, and Republicans have a bill that's polling even worse than Obamacare ever did, with a Quinnipiac poll showing 57 percent of registered voters disapprove of it, vs. just 20 percent who approve. (Update: A new CBS poll shows Americans disapprove of the bill 59-32).
That's pretty much exactly what the GOP is now doing: Trying to jam through the bill to get it to a conference committee where the final product will be decided. But that's not how they said business should be done in 2009 and 2010 — not by a long shot.
Here's a sampling of what the GOP said less than eight short years ago about crafting massive, unpopular health-care legislation behind closed doors, and how bad that was for the American people. (Our emphases added in bold.)
1. Now-Senate Majority Whip John Cornyn (R-Tex.):
The people have a right to know what is happening behind closed doors with secret HC negotiations
— JohnCornyn (@JohnCornyn) January 7, 2010
Cornyn on Feb. 22, 2010:
“President Obama has gone behind closed doors to combine the bills passed by the House and Senate, both of which were overwhelmingly rejected by the American people, to produce yet another spending bill that will undoubtedly suffer the same fate, as well.”
2. Now-House Speaker Paul D. Ryan (R-Wis.) on March 21, 2010:
“After months of twisting arms, Democratic leaders convinced enough members of their own party to defy the will of the American people and support the Senate health bill which was crafted in secret, behind closed doors.”
Ryan on Feb. 24, 2010:
“I share the concerns of many Americans that [the Obama administration public health-care] summit will be staged more about showmanship than true bipartisanship. While the cameras roll at the health care summit, we’re told the majority continues to meet in secret, cutting deals behind closed doors to jam a government-takeover through Congress.”
3. Now-Health and Human Services Secretary Tom Price, who was then a Georgia congressman:
With Democrats discussing health care in secret, they're sacrificing the trust of the American people.
— Tom Price (@RepTomPrice) January 14, 2010
4. Now-Senate Majority Leader Mitch McConnell (R-Ky.) on Feb. 23, 2010:
“When it comes to solving problems, Americans want us to listen first, and then, if necessary, offer targeted, step-by-step solutions. Above all, they’re tired of a process that shuts them out. They’re tired of giant bills negotiated in secret, then jammed through on a party-line vote in the middle of the night.”
McConnell on Oct. 8, 2009:
" … The real bill will soon be cobbled together in a secret conference room somewhere in the Capitol by a handful of Democrat senators and White House officials.”
5. Rep. Michael C. Burgess (R-Tex.) on April 26, 2010:
“Once that thing passed to get them out of town on Christmas Eve — and it was literally a Christmas tree that night when they passed it. But once they passed that bill, they all expected to come back to a conference committee or some other vehicle to amend and improve this bill. But when the senator from Massachusetts was elected as a Republican [Scott Brown], it threw a big kink in their plans. They decided the only way to get — and remember, the goal here was not to fix problems that are besetting the American people in our health-care system. The goal was to get a bill to sign. The goal was a signing ceremony in the East Wing of the White House. The goal was for the president to sign a bill during his first term.
“It's almost like they didn't care what was in it. They didn't care what the health care policy was. It can be as bad as you can possibly imagine. The drafting errors can be rampant throughout the entire bill. But we got a signing ceremony, by golly, and no other president of the United States has ever had that achievement before.”
6. Sen. Charles E. Grassley (R-Iowa) on Nov. 19, 2009:
“Mr. President, we have been waiting for many weeks while the Democratic leadership worked behind closed doors to write a new health care reform bill. Rather than try to build consensus for a bill that could get broad based supported, they toiled in secret.”
7. Sen. Mike Enzi (R-Wyo.) on June 17, 2009:
“Our constituents sent us here to work in good faith on the tough issues. We each bring valuable and unique experiences and perspective to the legislative process. But all of this is squandered when a bill is drafted hastily and in secret. This is the most comprehensive legislation that any of us will ever work on. It will fundamentally impact one-sixth of our nation’s economy. It will literally affect the health care of every single American. While expedience can sometimes be a virtue, it can often lead to serious errors. This bill and the issue of health reform are too important to not take the time to get it right.”
8. Then-Rep., now-Sen. Jerry Moran (R-Kan.):
After all the backroom deals and secret meetings, only 36% of Americans approve of Pres Obama’s handling of health care http://bit.ly/5wBaRC
— Jerry Moran (@JerryMoran) January 12, 2010
(That Quinnipiac poll showed just 32 percent approved of Trump's handling of health care — even less than Obama.)
9. Rep. Pete Sessions (R-Tex.):
Dems continue secret meetings while 54% of Americans disapprove of #healthcare handling. CBS poll: http://is.gd/68jMt
— Pete Sessions (@PeteSessions) January 12, 2010
(The Quinnipiac poll showed 62 percent disapprove of Trump's handling of health care — more than Obama's 54 percent. And 70 percent disapprove of the way the congressional GOP is handling it.)
10. then-Rep. Dave Camp (R-Mich.):
RT @RepDaveCamp The health care of every American is too important to risk on secret negotiations of this 1000+ page bill: bit.ly/27ziL0
— House Republicans (@HouseGOP) October 27, 2009
11. Sen. Richard Burr (R-N.C.) on Jan. 11, 2010:
“Despite promises of openness made by both the President and the majority leader, this process has been characterized by a lack of transparency from the start,” Senator Burr said. “Meetings have not been taking place in committee rooms or other open forums aired on C-SPAN. Instead, they have taken place behind closed doors, keeping most of Congress and the American people in the dark.
“Health care reform will affect every single American, and it is time we let the sunshine in and have an open debate about the contents of whatever deals are being made.”
12. Sen. Pat Roberts (R-Kan.) in the July 17, 2010, weekly Republican address:
“Now as you know, Republicans fought against holding the health care debate behind closed doors. We fought against the Parliamentary gimmicks used to pass the bill against the wishes of a majority of Kansans and Americans. Now, as we all return to work after our Independence Day celebrations, we learn President Obama — again — has gone behind closed doors to appoint a health care czar without public debate.”
13. Rep. Devin Nunes (R-Calif.) on Feb. 24, 2010:
“Democrats first embarked on their top-down approach last year when they tried to rush legislation through Congress without public input. They ducked town hall meetings and held negotiations in secret.”
14. Rep. Bill Shuster (R-Pa.):
— Bill Shuster (@RepBillShuster) January 5, 2010
15. Rep. Jeff Fortenberry (R-Neb.):
House and Senate leadership now meeting behind closed doors. Health care reform must not be finalized in dark... http://bit.ly/6qHk4W
— Jeff Fortenberry (@JeffFortenberry) January 13, 2010
16. Rep. Lynn Jenkins (R-Kan.):
— Lynn Jenkins (@RepLynnJenkins) January 7, 2010
17. Rep. John Carter (R-Tex.) on Jan. 14, 2010:
“It is obvious the president, Speaker Pelosi, and Harry Reid know the public rejects their plans to takeover the health-care system and doesn’t want anyone to have the details before the vote.”
18. Rep. Robert E. Latta (R-Ohio) on Jan. 21, 2010:
“These proposals, which will affect one-sixth of our nation’s economy, have been drafted in secret, passed in the dark of night, and hurried through the legislative process at breakneck speeds. These actions lead Americans to ask: What do Speaker Pelosi, Leader Reid, and President Obama have to hide from everyone?”
19. Sen. John Thune (R-S.D.):
After vowing to lead the most open, transparent govt in history, Dems have negotiated health reform behind closed doors. http://bit.ly/97edP
— John Thune (@johnthune) October 27, 2009
20. Sen. Orrin G. Hatch (R-Utah):