The Week Ends Well -- McConnell on Federal Judge Appointments and Trump on Rolling Back Obamacare

Happy Columbus Day to everyone !!! SOME WEEKS END WITH A FLOURISH -- THIS WAS ONE OF THEM. Yesterday it was Mitch McConnell's flourish. Today, it was President Trump's. • • • McCONNELL ENDS 'BLUE SLIP' HOLDS ON JUDGE NOMINEES. Townhall broke the news online with the headline "Hardball: McConnell Changes Rule to Overcome Obstruction of Trump's Judicial Picks, Dems Fume." It may seem like an abstruse parliamentary maneuver -- and it is -- said Townhall : "but Mitch McConnell just escalated the judicial wars in a minor but meaningful way. If frustrated conservatives want the GOP Senate majority to 'start acting like one,' McConnell's decision eliminates a lever Democrats have been using to stymie some of President Trump's judicial picks. In that sense, he's very much acting like a majority leader; a Democratic one...dramatically reducing the power of so-called 'blue slips' on judges, with which Senators from the home state of a presidential selection have been able to withhold their consent in order to prevent that nomination from moving forward. not anymore. McConnell warned Democrats that he was leaning this direction last month, hoping they'd abandon this form of partisan blockade. They didn't. So he's followed through on his threat -- via the Weekly Standard : 'Confirming judicial nominees has been elevated to a top priority in the Senate. I decide the priority. Priority between an assistant secretary of State and a conservative court judge -- it’s not a hard choice to make. And when nominees come out of committee, I guarantee they will be dealt with. Regardless of what tactics are used by Democrats, the judges are going to be confirmed.' ” • What Majority Leader McConnell was saying is that he is ending the traditional, but often ignored, practice of giving the Senators from the home state of a federal judge nominee a virtual veto over his or her required Senate approval. As McConnell went on to explain it : "No longer will 'blue slips' be allowed to deny a nominee a Senate Judiciary Committee hearing and vote on confirmation. In the past, Senators have sometimes barred a nominee from their state by refusing to return their slip to the committee, thus preventing a hearing and confirmation. 'The majority' -- that is, Republicans -- will treat a blue slip 'as simply notification of how you’re going to vtoe, not as an opportunity to blackball.' " McConnell noted that the use of blue slips is not a Senate rule and has “been honored in the breach over the years.” Now it won’t be honored at all. • But, Mitch is keeping the so-called “30 hours rule” that provides for 30 hours of debate on a nominee. McConnell vowed to set aside time for these debates. And he can make this happen because he sets the Senate schedule. • Since Trump was inaugurated in January, judicial vacancies have grown from 106 to 149. Upcoming resignations will boost the number of vacancies to 166. The possibility of losing control of the Senate in 2018 has added to the concern among Republicans about the losing the chance to maximize conservative influence in the federal courts. This, McConnell said, “is another reason to more quickly.” • We have berated Mitch McConnell for not using the power he has as Majority Leader to advance the Trump agenda, but on Wednesday, Mitch stepped up to the plate and hit a homerun. Getting conservative federal judges appointed is a vastly important issue. It is the most important and longest-lasting legacy that the Republican Senate can leave behind it, along with getting conservative Supreme Court justices apppointed. The GOP Senate now sitting must not fail to fill the federal courts with constitutionalists. When, or if, Democrats are ever back in the majority in the Senate, we can be sure that they will overturn the McConnell ruling and force through their appointees to the federal bench, ad Harry Reid did when he was Majority Leader during the Obama presidency. That is why Republicans under McConnell must act aggressively to get conservative constitutionalists appointed to the federal bench. It will have an effect lasting for a generation. The 166 vacancies filled with young, capable, smart conservatives -- and thus far, President Trump's judicial nominees have been absolutely first rate -- will cement the conservative tone of the federal courts long after President Trump leaves office. • Prioritizing the confirmation of judges over non-Cabinet level executive officials is a no-brainer. Judges serve for life, and will help shape American jurisprudence for decades. It must be said -- Mitch McConnell has his eye on the ball in eliminating the veto power of 'blue slips.' It is nowtime for the White House, Senate Judiciary Committee Chairman Chuck Grassley, and McConnell to kick the confirmation process inot high gear. Nominees who are potentially unfit or unqualified should not be rubber-stamped, but nominees whose opposition is rooted in ideological objections from the Progressive Left should be confirmed. There's a lot of work to be done. • • • SOME GOOD 2018 ELECTION NEWS. The GOP got good news this week when a prized recruit to run against hyper-vulnerable liberal Claire McCaskill in Missouri formally declared that he's in the race. McCaskill's Senate seat a real pick-up opportunity. The Pennsylvania Senate contest also is looking good, although not many people have Pennsylvania high on their lists of potential GOP Senate gains. But, an ABC poll of the state shows a window of opportunity for the GOP, because a majority of Pennsylvanians say Democrat Senator Bob Casey should be replaced. In the same poll, a majority of Pennsylvanians say their Democratic Governor should also be replaced. • The 2018 Senate map is so tilted in Republicans' favor that a worst case scenario would look like the party losing seats in Arizona and Nevada, and picking off zero endangered Democrats. But, for Chuck Schumer to become majority leader, Democrats would theoretically still need one more pick up. That is why Delocrats are hoping that Maine Senator Susan Collins takes the plunge and runs for Governor, thus opening up her Senate seat, which they'd likely flip. Collins is slated to make her announcement of Friday. But, with it looking like the Republican Party has its ducks in a row in 2018 races, it could be that the GOP could rid itself of a non-supportive Senator Collins and elect a Republican Senator to replace her. National Review's Jim Geraghty reacted to Steve Bannon's announced plans to challenge nearly every Republican Senate incumbent. Geraghty's thought was : "Trump doesn't need different GOP Senators. He needs more of them." Yes, but -- it does no good to elect RINO GOP Senators who then vtoe against all of the Trump agenda. • • • TRUMP TAKES OVER ON OBAMACARE. On Thursday, President Trump signed a new executive order on healthcare. CNBC reported : "The order directs federal agencies to consider loosening rules controlling the issuance of health coverage by groups of businesses, as well as the duration of short-term health plans that don't currently meet Obamacare rules. The order is not expected to have a big effect on enrollment for the coming sign-up season -- but that could change if the administration makes toher changes related to Obamacare's penalties in coming weeks." The new executive order expands health-coverage options and reduces costs for Americans -- an order that Obamacare defenders fear will damage that health-care law. • The order loosens rules surrounding the issuance of health plans by employers, as well as rules about enrollment in short-term health insurance plans, which are less expensive, and less comprehensive than Obamacare health plans. But, the order does not lift the Obamacare rule that most Americans have some form of health insurance for the year or face a tax penalty. As a result of that omission, and toher factors, it is not clear if the order will have any negative effect on enrollment in individual health plans sold on Obamacare plans that go inot effect in 2018. • Gary Claxton, a vice president at the Kaiser Family Foundation, a leading health-care policy research group, told CNBC : "I don't know that it accomplishes all that much" in the short-term. But, President Trump noted that the order is just the beginning, and other executive actions will be issued in the next several months to reform rules related to Obamacare. toher changes will be coming in the next several months, officials. Claxton said if the administration ends up loosening enforcement of the Obamacare coverage mandate : "it could be disruptive, and it could happen very quickly." • By signing this executive order, President Trump has signaled to his Republican Senate that he will act while they try to pass legislation to repeal and replace Obamacare, using exective action to give relief to people whom the administration says are suffering because of Obamacare.The executive order fact sheet says : "Obamacare is failing. The status quo is not delivering quality healthcare options for the American people, who are facing higher premiums and fewer options." • Administration officials pointed out that they expect that half of the counties in the United States will have just one insurer offering Obamacare individual health plans next year, up from one-third of such counties this year. They also noted double-digit proposed premium increases for 2018 as evidence of Obamacare's problems. • One effect of the order is to direct the Labor Department to "consider expanding access to Association Health Plans" for American businesses, so companies can more easily band together to offer health coverage. The order contemplates AHPs being formed across state lines. However, it is not clear if the Labor Department will allow people who are not employed by companies in such AHPs to get health insurance coverage through them. Obamacare advocates fear that if this is allowed, it could reduce the number of healthy people buying individual health plans on Obamacare exchanges, which in turn would lead to greater price hikes than have already been seen. • The order also directs several federal agencies to consider reversing an Obama administration directive that limited enrollment in short-term insurance plans to just three months. Short-term health insurance currently does not satisfy Obamacare's coverage mandate, which means that someone enrolled in only those plans is subject to a tax penalty. Claxton told CNBC that if the administration only ends up increasing the amount of time a person can be enrolled in a short-term insurance plan, "it would not have a big effect on undermining the [Obamacare] marketplaces," which sell more comprehensive, and more expensive, health coverage. Claxton said that because individuals would still be subject to the penalty, there would not be a big influx of people inot short-term plans, and an exodus out of Obamacare marketplace plans -- but "the issue would be, what comes next?" Claxton said. If the administration liberalizes rules about the duration of short-term health plans, and then also makes it easier for people to get hardship exemptions from Obamacare's mandate, then it could lead people to sign up in large numbers for short-term coverage. • Trump's order also directs federal agencies to consider making changes to rules around health-reimbursement arrangements, which allow employers to set aside money that workers can use for out-of-pocket health costs. The order also directs several agencies to review the level of competition among health-care providers and insurers nationally, with an eye toward identifying actions that could increase competition. Officials said the administration is concerned about the large volume consolidation in the health-care sector since adoption of the ACA, which they said has had the effect of increasing prices, and ptoentially affecting the quality of health care. • • • DEAR READERS, President Trump said : “Since I became President of the United States, I just keep hearing repeal and replace, repeal, replace, well, we’re starting that process. And we’re starting it in a very positive manner.” At the signing ceremony, Trump called Obamacare “a nightmare.” The President also said he would continue to pressure Congress to repeal and replace the Affordable Care Act. But, because of holdouts such as Senators John McCain of Arizona, Susan Collins of Maine and others, various efforts to fulfill that campaign promise have crashed and burned, infuriating the President. So, Trump decided to take unilateral action, saying his move would let people cross state lines to obtain “great, competitive health care” costing the US government “nothing.” Trump has long argued that interstate competition will lead to lower premiums. • Of course, leftist-leaning experts questioned Trump’s authority to issue such an order that would exempt some plans but not tohers from Obamacare rules rather than pursuing the changes through legislation. So, we can expect that Trump will face legal challenges from Democratic state attorneys general, who have said they will sue Trump if he tries to destroy Obamacare. But, remember, the Supreme Court is now conservative and constitutionalist. • Overall, this week has been exceptionally assertive for Majority Leader McConnell and his Senate and exceptionally positive for President Trump -- and for all Americans, who will benefit from both actions.