A group of Republicans in swing districts plans to defy both House Speaker Mike Johnson and the Senate and try to force a vote on an extension of the Affordable Care Act’s enhanced health care subsidies, which expire at the end of the month.
This comes as Johnson has largely opposed holding an independent vote on the ACA or Obamacare subsidies. The Senate also voted down legislation from Republican Sens. Bill Cassidy and Mike Crapo that would transfer the money to health savings accounts.
Rep. Brian Fitzpatrick (R-Pa.) has filed a discharge petition for his legislation that would extend enhanced tax credits through 2027 and include some small changes to eligibility. A handful of Republicans and Democrats in swing districts, who face tough re-election prospects, signed the petition.
“We want to pass the legislation and we want the Senate to take it up,” Fitzpatrick said. The Independent. “But what you’re seeing here is rank-and-file members of the House leading the charge.”
The American Rescue Plan Act of 2021 legislation, which provided relief during the Covid-19 pandemic, expanded tax credits for people buying insurance in the Affordable Care Act marketplace. In 2022, the Inflation Relief Act signed by Joe Biden extended the subsidies until the end of 2025.
Rep. Don Bacon (R-NE) (R) joins a small number of Republicans trying to extend increased tax credits for the Affordable Care Act’s health insurance marketplaces, which expire at the end of the year. (Getty Images)
Fitzpatrick’s district is one of three districts that elected a Republican and voted for Kamala Harris in 2024. The other two Republicans in those districts — Reps. Mike Lawler of New York and Don Bacon of Nebraska — signed his petition.
Bacon is retiring at the end of next year and said that despite his opposition to the Affordable Care Act, Republicans need to avoid a crisis in premium hikes at the end of the year.
“It seems more realistic that our force will inspire the Senate to come up with some kind of compromise, because we have to get 60 votes,” Bacon said. The Independent. “At some point, they’re going to realize that everybody’s premium is going up and they’re going to say we didn’t do anything, and that’s not a good answer.”
According to the Centers for Medicare and Medicaid Services, 21.4 million people enrolled in the health insurance marketplace during the last open enrollment period. Bacon pointed out how his fellow Republicans often say they didn’t vote for the Affordable Care Act 15 years ago or for improved credits.
“There’s some truth to that, but the ACA is imploding, but we’re in charge, and our constituents are going to pay a lot more in premiums,” Bacon said. Many customers in the market are at risk of seeing their premiums double or even triple.
Any individual member can file a discharge petition to force legislation on the ground. But before then, a member must get 218 signatures, then the petition must be on the calendar for seven legislative days before the speaker can request the time and place for a vote within two legislative days.
Most recently, Reps. Thomas Massie (R-Ky.) and Ro Khanna (D-Calif.) gained enough signatures to successfully force a near-unanimous vote to release files related to Jeffrey Epstein. Rep. Anna Paulina Luna (R-Fla.) is gathering signatures to get enough support to force a vote to ban individual members from trading stocks.
Rep. Brian Fitzpatrick (R-Penn.) is leading an effort to force a vote to extend the enhanced tax credits for two years. (Getty Images)
There is another health care discharge petition led by Rep. Josh Gottheimer (DN.J.). Fitzpatrick also signed. Discharge petitions also serve as a way for rank-and-file Republicans unhappy with Johnson’s handling of the House to vent their frustration.
Rep. Marjorie Taylor Greene, who has criticized Republicans’ failure to come up with a plan to avoid rising premiums, signed Fitzpatrick’s petition. Additionally, Rep. Kevin Kiley, who has criticized Johnson’s shutdown of the House during the government shutdown, signed the petition.
“I actually proposed to him yesterday, why don’t you just put the bills on the floor,” Kiley said The Independent. Since Donald Trump’s return to the White House, the House has largely taken a legislative backseat to the president’s whims.
“I don’t really know what their plans are, but ultimately, this is an issue for Congress to take over,” Kiley said. “It’s like we need legislation, and I think this is a great opportunity for the House to get back in the driver’s seat, when this House has been lacking in many ways over the last few months.”
But Fitzpatrick also said he understood the impossible position Johnson faced.
“You have to let him answer that. I mean, he would say he represents the testament of the conference,” Fitzpatrick said. “We represent our constituents. So we all have a job to do.”