After Obamacare

The framework for bipartisan reform.

BY James C. Capretta and Yuval Levin

February 1, 2010, Vol. 15, No. 19

For the past week, liberals have been trying to persuade themselves that Republican Scott Brown’s victory in the Massachusetts Senate race need not mean the end of Obamacare. But that is exactly what it means. The Democrats’ health care agenda, in anything like the form it has taken for the past year, is now dead. The notion of a wholesale reinvention of American health care, scooping up a sixth of the economy in one fell swoop of technocratic derring-do and paving the way to a government-run system, will be put aside. Even the goal of “universal coverage” will be dropped, at least for now. 

It is nothing short of amazing that the Democrats let things get this bad. They have spent a year trying to cram down the throat of the country an incomprehensibly convoluted, misguided, and anachronistic liberal dream, which grew increasingly unattractive (even to its advocates) with every iteration until even Massachusetts voters turned to a Republican for relief. Democrats have managed to make our existing health care arrangements look downright brilliant by comparison. They have wasted the first year of the Obama administration, and a filibuster-proof Senate majority they will likely not see again for decades. And they have achieved nothing: not on health care, and not on the rest of their agenda. 

The Democrats’ response to Brown’s election so far has revealed deep differences among them—with some intent on pushing Obamacare all the more forcefully while others beg for a change of subject before they too are steamrolled by a disapproving electorate tired of being soothed with lullabies about historic moments. 

It is impolite to stick your nose into a dysfunctional family brawl, and conservatives need not step into this breach just now. The Democrats are paying the price for a profound miscalculation, and there is nothing wrong with taking some time to enjoy the show. The public has declared that the left’s approach to health care is worse than doing nothing, so why not do nothing on health care for a while and turn to other important concerns. Republicans are under no obligation to toss Democrats a life line.

But after a while, the time will come again to think about health care. The problems with our system, after all, are real. It is only the Democrats’ solutions that were fantasies. Sooner or later, the debate will start again, and a chastened but still ambitious Democratic majority will try another approach. When that happens, Republicans would be wise to be clear about their own priorities and proposals, and to learn their own lessons from the debacle that is now completing its final chapter.

     One crucial lesson is that large solutions are not wise solutions—politically or practically. In a huge and varied country of over 300 million people, replacing the entire system with another is not what the public wants. Instead, conservatives should offer discrete solutions that would bring about change gradually, while also setting some longer-term aims and goals.

In the near-term, Republicans should advance three basic concepts. First, they should seek to address the problem of insuring Americans with preexisting conditions through state-based high-risk pools, not cumbersome insurance regulations that try to outlaw basic economics. Risk pools, backed with federal money but nowhere near the scale of Obamacare’s costs, would give those with preexisting conditions more options in the individual market and make a significant dent in the number of uninsured, but without overturning our health care system. 

Second, they should propose to help doctors and patients limit some of the burden of rising costs with medical malpractice reform. Sensible caps on punitive damages would not only save money but also help address shortages of medical providers in key specialties, and allow more Americans to afford and access care.