David Frum thinks so, citing Section 2531(4)b of the bill. This is one of many provisions that cannot be allowed to make it through the Senate. That brings us to an interesting point: what’s the best strategy for eliminating it?
The Republicans seem to be intent on stonewalling, as they did in the House. The danger is that the Democrats only need to peel off one or two votes to get their 60 supermajority. If that happens, all we can do is hope that tort reform is a bargaining chip. But with so many giant flaws in the House version to be fixed, the senator peeling off (hello, Olympia Snowe) could — and does — have other priorities. But what if 5 or so Republicans said, we’ll vote for your bill if you change these 10, 15, or 20 things — and they were serious, not just posturing (as Republicans tend to do).
They’d get what they wanted. Section 2541(4)b would be history.
