Cruz wants to derail the spending bill to deny Democrats the ability to strip out the anti-Obamacare provision, a strategy that has put him at odds with other Republicans who say the move won't work and fear that it would spark a shutdown.
Many Republicansenators, including the Senate's top two Republicans, have said they'll vote to advance the measure rather than filibuster it to death, a vote that promises to give Democrats controlling the chamber a procedural edge in a subsequent vote to kill the tea party's effort to use the must-pass bill to derail Obamacare.
Wednesday evening, Democratic Senate Majority Leader Harry Reid unveiled his version of the stopgap spending bill, which would keep the government running through Nov. 15. It also contains, for now, the anti-Obamacare provision sought by Republicans. He set in motion a key vote on Friday that promises to expose the divide between Cruz and more pragmatic Republicans. Senate passage of the spending bill stripped of the Obamacare provision was expected no later than Saturday.
"Any senator who votes with Majority Leader Harry Reid and the Democrats ... has made the decision to allow Obamacare to be funded," Cruz told reporters after his marathon speech ended Wednesday at noon. Cruz himself has predicted that is exactly what the Senate will do, and he's already called on House Republicans to reject the bill when it comes back to them.
The simplest thing for Republicans to do would be to accept the Senate bill and send it to the White House for Obama's signature, a prospect that's unappealing to Republicans because it would make them look like they're surrendering. Republican House Speaker John Boehner originally preferred a plan to deliver to Obama a stopgap funding bill without the Obamacare provisions that he would sign.
Now, Republican leaders are exploring adding to the stopgap spending bill face-saving options like the repeal of a tax on medical devices that many Democrats also oppose. There's also sentiment to take away the health insurance subsidy awarded lawmakers now that they'll be required to purchase health care on Obamacare exchanges.
The House is expected to approve a measure this week allowing the Treasury to borrow freely for another year, although that legislation, too, would include a provision to carry out the Republican campaign against Obamacare. While no final decisions have been made, party officials said a one-year delay was likely to be added, rather than the full-fledged defunding that is part of the spending bill awaiting action in the Senate.
Shutdown-averting stopgap spending bills traditionally have been steered clear of these kinds of battles for fear of a politically damaging shutdown. But with the new health care law poised to enroll millions of people into Obamacare starting Oct. 1, there's a new urgency among opponents to pull out all the stops to try to derail the law.
Health and Human Secretary Kathleen Sebelius told reporters this week that consumers will have an average of 53 plans to choose from, and her department estimated the average individual premium for a benchmark policy known as the "second-lowest cost silver plan" would range from a low of $192 in Minnesota to a high of $516 in Wyoming. Tax credits will bring down the cost for many.
Republicans counter that the legislation is causing employers to defer hiring new workers, lay off existing ones and reduce the hours of still others to hold down costs as they try to ease the impact of the bill's taxes and other requirements.