Four House Republicans have joined Democrats in a rare procedural effort to force a vote on legislation extending enhanced Affordable Care Act tax credits, highlighting the growing urgency around an end of year deadline and a widening divide inside the Republican caucus over health care policy.
The tax credits, first enacted during the COVID-19 pandemic, expanded eligibility and reduced costs for people purchasing insurance through ACA marketplaces. Unless Congress acts, those credits are set to expire at the end of this year. According to figures cited in the reporting, around 22 million Americans could be affected, with average premiums projected to rise by 114 percent next year. For many enrollees, that increase would amount to roughly $1,000 annually, while others would face significantly higher costs.
Under normal House procedures, the Speaker controls which legislation comes to the floor. A discharge petition, however, allows lawmakers to bypass leadership if 218 members sign on, triggering an up or down vote. After Speaker Mike Johnson of Louisiana indicated that he and Republican leaders would not advance a bill addressing the expiring credits before the end of the year, House Minority Leader Hakeem Jeffries filed a discharge petition tied to a Democratic sponsored measure that would extend the enhanced tax credits for three more years.
Four Republicans have signed that petition: Brian Fitzpatrick of Pennsylvania, Mike Lawler of New York, Rob Bresnahan of Pennsylvania, and Ryan Mackenzie of Pennsylvania. Their decision represents a public rebuke of House GOP leadership and reflects concern among some Republicans about the consequences of allowing the credits to lapse.
Those lawmakers have made clear that they do not fully support a clean extension of the credits. Still, they argue that expiration would be worse. Speaking Tuesday night, Fitzpatrick said, “I think the only thing worse than a clean extension without any income limits and any reforms…would be expiration.” Lawler offered a similar assessment, stating, “I still believe a straight three-year extension is not the right policy. But I fundamentally believe doing nothing is even worse.”
House rules require a waiting period after a discharge petition is completed, meaning a vote would ordinarily not occur until next month. That timeline conflicts with both the December 31 expiration of the tax credits and the House’s scheduled recess, which is set to begin Thursday. Johnson nevertheless retains the authority to bring the bill to the floor sooner if he chooses. He exercised that power in November, when he expedited a discharge petition vote on legislation related to the release of the Epstein files.
Democratic leaders have pressed for immediate action. Jeffries has demanded that the House vote on the extension before lawmakers leave Washington, framing the issue as a matter of protecting access to affordable health care. He said, “Under no circumstances should we leave this Capitol this week before voting on an extension of the Affordable Care Act tax credit bill.”
The discharge effort follows months of internal negotiations that failed to produce a compromise. According to Fitzpatrick, moderate Republicans repeatedly asked leadership for a floor vote on a bipartisan approach and were turned down. In a statement released Wednesday, Fitzpatrick said, “We have worked for months to craft a two-party solution to address these expiring healthcare credits.” He added, “Our only request was a Floor vote on this compromise, so that the American People’s voice could be heard on this issue. That request was rejected. … Unfortunately, it is House leadership themselves that have forced this outcome.”
Jeffries characterized the petition as the clearest remaining option to prevent widespread affordability losses. He told reporters that the discharge petition is “the most straightforward path to ensuring that tens of millions of Americans don’t have their health care ripped away from them because of the expiration of the Affordable Care Act tax credits.”
Even if the House passes the bill, its future remains uncertain. In the Senate, any extension would need to overcome a filibuster, requiring at least 60 votes. Earlier this month, the Senate blocked competing versions of legislation that would have extended the credits. While four Republican senators voted with Democrats to advance a three year extension last week, the proposal still fell short of the votes needed to proceed.
Senate Majority Leader John Thune has indicated resistance to a straight extension. When asked whether he would take up such a bill if the House sent one over, Thune said, “If they just did what they did over here, which is a straight-up three-year extension, then no.” Asked again later, he added, “We’ll cross that bridge when we come to it.”
Questions also remain about whether President Donald Trump would sign an extension if it reached his desk. The reporting notes that mounting political pressure could influence that decision, particularly with midterm elections less than a year away.
For ACA marketplace enrollees, the timeline is tight. Insurers have already set premiums based on the assumption that the enhanced credits will expire, raising concerns that higher costs could lead some people to drop coverage. As the House prepares to recess, Johnson faces a choice between allowing the discharge process to proceed on its standard schedule or intervening to hold a vote before the end of the year.
“Under no circumstances should we leave this Capitol this week before voting on an extension of the Affordable Care Act tax credit bill,” Jeffries said.
COMMENTS