Republican efforts to replace the federal health law have been given new urgency by the Supreme Court.
As soon as this spring, the court could invalidate health insurance subsidies available to millions of Americans if it rules for the challengers in a case called .
Republicans who hate the Affordable Care Act are rooting for the court to do what they have been unable to accomplish 鈥 dismantle a key part of the law. But as the party that controls Congress, some Republicans also fear the potential for a backlash if they don鈥檛 have a plan to help those who would effectively be stripped of coverage, many of whom are voters in Republican-led states.

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There鈥檚 another reason to agree soon on a replacement for the law, instead of continuing their long campaign to repeal it. If Republicans present a reasonable alternative, it could help swing a justice or two who might otherwise worry about the possible ramifications of cutting off the subsidies. Or so the reasoning goes.
鈥淭he Republicans would love to give the justices some comfort that if they rule against the Obama administration, there will be something there to deal with the fallout,鈥 says Dean Clancy, a Republican strategist and former aide to House Majority Leader Dick Armey.
Those pushing the case argue that language in the law limits help to pay for insurance to residents of states that have established their own health insurance exchanges. So far only 13 states have 鈥 the rest use the federal healthcare.gov exchange.聽 The administration contends that Congress clearly intended that the subsidy — tax credits based on income — be available in all states, and has any possible contingency plans.
If the court rules against the administration, the will fall heavily on Republican-led states, such as Florida and Texas, that didn鈥檛 create their own exchanges, increasing pressure on Congress to act.
鈥淚 really do believe that this situation has concentrated the minds of many people on [Capitol] Hill,鈥 says Avik Roy, a senior fellow at the Manhattan Institute and a former health advisor to GOP presidential candidate Mitt Romney. If the Supreme Court rules that subsidies cannot be provided through the federal health exchange, he says, Republicans in the House and Senate 鈥渞ealize if they don鈥檛 do something, they will be held accountable for that. Because they are running Congress now, so they can鈥檛 blame it on the Democrats.鈥
Still, putting something on the front burner does not guarantee it will get done. Republicans have been vowing to 鈥渞epeal and replace鈥 the Affordable Care Act almost since it became law in 2010. So far, the GOP-controlled House has held more than to repeal or otherwise cancel parts of the law. Replacing, however, has been another story.
鈥淩epublicans are united around repeal. And they鈥檙e united around replace. But obviously they鈥檙e not united around 鈥榬eplace with what,鈥欌 says Dean Rosen, a health policy consultant who was a top aide to former GOP Senate Majority Leader Bill Frist and to the House Ways and Means Committee.
Republican health strategist Terry Holt, a former aide to the GOP House leadership, agrees. He says Republicans 鈥渁re serious about a replacement鈥 for the Affordable Care Act, 鈥渂ut it鈥檚 the law, and it鈥檚 harder to change law than to make it.鈥
There are several efforts underway to come up with a consensus Republican alternative to the health law. The repeal bill the House approved Feb. 3 requiring the four main committees that handle health legislation in that chamber to approve a replacement, but no time limit is specified.聽 Separately, three of those committee chairmen in January to come up with a health bill, again with no specific deadline.
Across the Capitol, two GOP senators with deep backgrounds in health 鈥 Finance Committee Chairman Orrin Hatch,聽R-Utah, and Richard Burr, R-N.C. 鈥 along with House Energy and Commerce Committee Chairman Fred Upton, R-Mich. have unveiled the outlines of a plan that was .
And House Ways and Means Committee Chairman Paul Ryan, R-Wis., has said Republicans in the House are working on a for those who could get stripped of their insurance subsidies, although again, no specifics have been offered.
Even with new incentives, getting to specifics won鈥檛 be easy, says Clancy, for much the same reasons that have kept Republicans from being able to agree on a health overhaul for the past five years.
鈥淭here are pro-business Republicans and pro-market Republicans, and you see the divide on lots of issues, including health care,鈥 he says.
For example, the more pro-market, libertarian types 鈥渨ould say let鈥檚 get the federal government out of the health insurance business altogether if possible, or at least create a much more voucher-like system with as little centralized control as possible,鈥 he says. But the more traditional pro-business Republicans 鈥渁re not going to be keen on blowing up the employer-based system.鈥 Currently a majority of Americans still get their insurance through their or a family member鈥檚 job.
Another complication, says Rosen, is the impending presidential campaign, and the possibility that several sitting members of the Senate may run. 鈥淎nd you can see that the people who are posturing to be candidates … don鈥檛 just want to do Obamacare light,鈥 he said.
Still, the prospect of millions of people in states run by Republican governors and Republican legislatures losing their insurance could be the deciding factor, says Holt. 鈥淭hese are people who have been promised something and are expecting it to continue, and it鈥檚 hard to see how you cut people off,鈥 he says.