The Future of Healthcare


TED SIMONS: COMING UP NEXT ON "ARIZONA HORIZON," WE'LL GET AN UPDATE ON PRESIDENT TRUMP'S SUPREME COURT NOMINEE PLUS THE LATEST ON HEALTH CARE REFORM. ALSO TONIGHT: A LOCAL AWARDS CEREMONY FOR WOMEN IN LEADERSHIP AND WE'LL TELL YOU ABOUT AN INTERACTIVE MUSICAL PRODUCTION. THOSE STORIES NEXT, ON ARIZONA HORIZON.

TED SIMONS: GOOD EVENING AND WELCOME TO ARIZONA HORIZON, I'M TED SIMONS. DEMOCRATS IN THE SENATE SAY THEY HAVE THE VOTES AND ARE PREPARED TO FILIBUSTER THE NOMINATION OF U.S. SUPREME COURT NOMINEE NEIL GORSUCH, BUT REPUBLICANS SAY "THEY'RE" READY TO BLOW-UP THE FILIBUSTER RULE TO MOVE THE PROCESS FORWARD. ALL THIS AS QUESTIONS CONTINUE OVER THE FUTURE OF THE GOP'S PLANS TO REPEAL THE AFFORDABLE CARE ACT. HERE WITH MORE ON BOTH OF THESE STORIES IS ATTORNEY JAMES GOODNOW OF FENNEMORE CRAIG. GOOD TO SEE YOU AGAIN.

JAMES GOODNOW: NICE TO BE HERE.

TED SIMONS: LET'S START WITH THE GORSUCH NOMINATION. WHAT IS THE LATEST?
JAMES GOODNOW: DEMOCRATS SAY THEY HAVE THE VOTES TO FILIBUSTER. THIS MEANS WE HAVE A VOTE COMING FRIDAY. IF IN FACT SCHUMER AND THE DEMOCRATS FILIBUSTER, MITCH MCCONNELL SAID THEY'LL INVOKE THE NUCLEAR OPTION, CHANGING THE SENATE RULES TO REQUIRE TO PERMIT CONFIMATION OF NEIL GORSUCH BY A MAJORITY, 51 VOTES NEEDED INSTEAD OF 60 TO STOP A FILIBUSTER.

TED SIMONS: DEMOCRATS, DO THEY HAVE THE 41 VOTES NEEDED?

JAMES GOODNOW: THEY DO. YOU HAD SEVERAL DEMOCRATS BREAKING RANKS, THREE VOTING WITH REPUBLICANS IN FAVOR OF NEIL GORSUCH, BUT THERE WAS A SENATE JUDICIARY MEETING HEARING SENT NEIL GORSUCH TO THE FULL VOTE AND THEY SAID WE'LL SUPPORT A FILIBUSTER.

TED SIMONS: YOU CAN VOTE FOR GORSUCH BUT NOT VOTE FOR A FILIBUSTER CLOTURE THERE. BUT THEYRE SAYING FILIBUSTER?

JAMES GOODNOW: THEY ARE SAYING FILIBUSTER. THIS IS WHERE EVERYONE WAS TRYING TO GET THEM ON THE RECORD SO WE KNOW WHAT'S HAPPENING IN THE COMING DAYS. WE GOT THAT. COULD THERE BE A CHANGE? IT'S POSSIBLE BUT UNLIKELY ONCE THESE PEOPLE DECLARE TO THE PUBLIC WHAT THEY INTEND TO DO.

TED SIMONS: REPUBLICANS DON'T WANT TO GET RID OF THIS. ARE THEY READY TO GET RID OF IT?

JAMES GOODNOW: I THINK THEY ARE. THEY FEEL LIKE THEY NEED A POLITICAL WIN RIGHT NOW. IT'S TRIP, STUMBLE AND DELAY FOR REPUBLICANS RIGHT NOW. YOU HAVE THE HEALTHCARE BILL GOING UP IN FLAMES, TRAVEL BAN LOCKED IN COURTS, RUSSIAN CONCLUSION, RIGHT NOW GETTING NEIL GORSUCH ON THE BENCH WOULD BE THE FEATHER IN THEIR CAP WOULD BE WHAT THEY ARE LOOKING FOR. IF EVER THEY WERE WILLING TO CHANGE THE RULES, IT'S NOW.

TED SIMONS: SENATE ON BOTH SIDES OF THE AISLE, THE SENATE CONSIDERS ITSELF ABOVE THE HOUSE, THEY ARE INTO CONSENSUS, NOT RABBLE ROUSING. THIS IS MAJORITY STUFF HERE. THIS TURNS THE SENATE MORE LIKE THE HOUSE.

JAMES GOODNOW: IT DOES. THAT'S WHAT DEFINED THE SENATE BEING ABOVE THE POLITICAL FREI. THAT'S CHANGING QUICKLY. THAT STARTED IN 2013. AT THE TIME, HARRY REID THE SENATE MAJORITY LEADER FOR THE DEMOCRATS CHANGED THE RULES, INVOKED THE NUCLEAR OPTION FOR FEDERAL JUDGES BELOW THE SUPREME COURT LEVEL. THAT GOT REPUBLICANS ANGRY LEADING TO BLOCK GARLAND WHEN PRESIDENT OBAMA NOMINATED HIM AND NOW IT'S TIT FOR TAT. NOW IT'S FILIBUSTER AND NUCLEAR OPTION. ITS BEEN A CONTIUING ESCALATION OF THIS PROBLEM OVER THE YEARS.

TED SIMONS: HOW LIKELY THE PRESIDENT SEES ALL OF THIS AND SAYS, I'M NOMINATING SOMEONE ELSE. YOU DON'T LIKE HIM. YOU ARE FILIBUSTERING, WE'LL NOMINATE SOMEONE ELSE.

JAMES GOODNOW: NOT GONNA HAPPEN. NOT WITH THIS PRESIDENT. IF THERES ON THING WITH DONALD TRUMP, HES RESOLUTE, ITS NOT GOING TO CHANGE, HES NOT GOING TO BACK OFF, HES NOT GOING TO ADMIT THAT HES WRONG. THAT WOULD BE A HUGE LOSS FOR HIM WITH HIS BASE FOR SUPPORTERS, MANY THAT JUMPED ON THE TRUMP TRAIN BECAUSE OF HIS PROMISES ABOUT THE SUPREME COURT. HE SAID CLEARLY THROUGH SEAN SPICER AND HIMSELF DIRECTLY THAT REPUBLICANS NEED TO HAVE THE NUCLEAR OPTION SO HE CAN HAVE A WIN.

TED SIMONS: IT'S NOT LIKELY THE SENATE WILL TURN NEXT YEAR, BUT IT'S POSSIBLE. IF IT WERE, DEMOCRATS STEAM ROLLAND REPUBLICANS TAKE MAJOR LOSSES AND SENATE BECOMES DEMOCRATICALLY CONTROLLED, YOU GET RID OF THE FILIBUSTER RULE, AND ALL OF A SUDDEN YOURE IN THE MINORITY, THAT'S NOT GOOD.

JAMES GOODNOW: NO, BUT IT'S IMPOSSIBLE TO SAY WHAT'S GOING TO HAPPEN. IT'S EASY TO LOOK AT A SHORT-TERM WIN. LONG TERM IT COULD HURT EITHER PARTY AND IF YOU LOOK AT A LONGER TERM HORIZON CERTAINLY IT COULD BE AMERICA THAT LOSES. THE JUDICIAL BRANCH SUPPOSED TO BE INSULATED FROM POLITICS IS INTERJECTED LIKE NEVER BEFORE CAUSING THE COUNTRY TO BE MORE POLARIZED IF THAT'S POSSIBLE.
TED SIMONS: THE COUNTRY IS POLARIZED AS WELL REGARDING THE AFFORDABLE CARE ACT, WHICH IS STILL THE LAW OF THE LAND, THE GOP PLAN TO REPEAL THAT KIND OF WENT DOWN IN FLAMES. WILL THE BILL AS IT WAS COME BACK IN THE SAME FORM?

JAMES GOODNOW: IT WILL NOT. ABSOLUTELY, AT THIS POINT, IT'S CLEAR THAT THERE WAS A DIVIDED, FRACTURED GOP. THAT BILL ISN'T GOING THROUGH. WE HAVE HEARD DISCUSSION FROM THE WHITE HOUSE AND LAWMAKERS IN THE HOUSE AND SENATE THAT THERE ARE STILL DISCUSSIONS GOING ON, THAT WE MAY BRING HEALTHCARE BACK. I THINK THAT'S MORE POLITICAL COVER THAN ANYTHING. THERE ARE TWO REASONS FOR THAT. ONE IS PROCEDURAL. REPUBLICANS ARE TRYING TO GET THE HEALTHCARE BILL PASSED THROUGH RECONCILIATION. IT'S A COMPLEX PROCESS BUT THERE'S NO FILIBUSTER. YOU CAN PASS A LAW IN THE SENATE WITH A SIMPLE MAJORITY. THE WINDOW ON THE RECONCILIATION PROCESS IS CLOSING. IF THERE WAS A NEW BILL THIS YEAR, IT WOULD HAVE TO HAPPEN IN A WEEK OR TWO NOT HAPPENING IN EVERYTHING WE HAVE HEARD.

TED SIMONS: AND THE STICKING POINTS WOULD LIKELY REMAIN AND THAT'S, EMERGENCY CARE, MENTAL AND HEALTH WELLNESS, THESE SORT OF THINGS, CONSERVATIVES DON'T LIKE THAT. IT MAKES ALL OF THE OPTIONS COST TOO MUCH MONEY. LET FOLKS PAY FOR INSURANCE AS THEY SEE FIT. MODERATES SAY IF YOU DON'T HAVE THAT IN THERE, IT'S KA-BLOOEY. WHERE DO THEY GO FROM HERE?

JAMES GOODNOW: ITS TOUGHT TO SEE HOW THE PATH TO VICTORY IS FORGED. IF THIS WERE A SODA, ITD BE CRISTAL PEPSI. IT'S TOO EXTREME FOR SOME, NOT EXTREME ENOUGH FOR OTHERS AND AS A RESULT, IT FAILED.

TED SIMONS: CONCESSIONS TO CONSERVATIVES IN THE HOUSE, YOU GO THAT WAY. PRESIDENT TRUMP DID THAT TOWARD THE NEGOTIATION, BUT YOU GO FURTHER. IF YOU DO THAT, IT'S DEAD IN THE WATER IN THE SENATE, IS IT NOT?

JAMES GOODNOW: ABSOLUTELY. I DON'T THINK IT GETS OUT OF THE HOUSE. YOU HAVE A HUGE PROBLEM IN THE SENATE, YOU ARE RIGHT. EVEN WITHIN THE HOUSE, YOU HAVE A GOP HAVING AN IDENTITY CRISIS RIGHT NOW. TYPICALLY WHEN THAT HAPPENS, YOU LOOK TO THE LEADERSHIP TO SAY THAT'S THE DIRECTION OF THE PARTY. DONALD TRUMP IS NOT DRIVEN BY IDEOLOGY. HE'S SOCIALLY CONSERVATIVE OF THE LAST FEW YEARS BUT TAX AND SPEND LIBERAL ON THE OTHER HAND SO HE'S NOT BEEN ABLE TO BRING THE PARTY TOGETHER. HE DIDN'T HAVE A MASTERY OF DETAILS ON THIS BILL. BRINGING THESE WINGS TOGETHER AT THIS POINT SEEMS A POLITICAL IMPOSSIBILITY.

TED SIMONS: IF GORSUCH NOMINATION GOES THROUGH, HE IS CONFIRMED. THAT IS THE FEATHER IN THE CAP THAT YOU MENTIONED EARLIER. DOES THAT BRING REPUBLICANS TOGETHER?

JAMES GOODNOW: IT HELPS. I THINK THE TRUMP ADMINISTRATION NEEDS TO TAKE A DEEP BREATH, THINK ABOUT WHERE DO WE WANT TO TAKE THE PARTY AND WHAT ARE OUR PRIORITIES? IF HEALTHCARE IS GOING TO BE PASSED, IT WILL BE NEXT YEAR. ON THE DOCKET WE HAVE TAX REFORM. THEY HAVE TO CHOOSE, HEALTHCARE OR TAX REFORM IN THEY HAVE TO LAY THE GROUND WORK EARLIER THAN THEY DID HERE. WE HAD REPUBLICANS CAMPAIGNING ON REPEAL AND REPLACE. WHEN THE OPPORTUNITY CAME, THEY DIDN'T HAVE A BILL READY.

TED SIMONS: IT'S EXHAUSTING. THERE IS SOMETHING EVERYDAY. GOOD TO HAVE YOU. THANKS FOR JOINING ME.

Although the Republican’s health care bill to replace the Affordable Care Act was pulled before a vote could be taken, President Trump has promised that health care reform is not dead. Attorney James Goodnow of Fennemore Craig will talk about the future of healthcare reform.

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James Goodnow: Attorney, Fennemore Craig

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