New York Daily News

Once major social policy changes take root, it’s almost impossible to unravel them. Why?

- Jwarren@nydailynew­s.com

Having ducked the need to replace Obamacare, Republican­s can now bitch and flail and face Washington’s most potent force: the status quo. The Affordable Care Act is now the de facto status quo as a result of the Supreme Court’s decision last week. And smart Republican­s should know you usually get only one shot at the king.

They tried by concocting a theory that was less about substance than semantics: What did an exchange “establishe­d by the state” really mean?

Now they can rail against Obamacare and “activist” judges. GOP presidenti­al candidates can make that a campaign refrain and thus let the party keep the issue without owning the outcome of the decision they sought, namely more than 6 million losing their health care.

But do they really have a chance to change, even repeal, the law?

“It’s hard to fully repeal it, but it is not that hard to change it substantia­lly. The GOP has to have a strategy of fixing it, the more the better,” says John Feehery, a Republican consultant and former top aide to former House Speaker Dennis Hastert and House Minority Leader Tom DeLay.

Changing it substantia­lly will be hard for a simple reason: the history of entitlemen­ts screams out that the longer a law is in place, the harder it is to ditch or dramatical­ly alter it.

Indeed, there’s a lot of research about what the political scientists call “positive feedback loops” when it comes to policy.

The academics can make it sound complex but it isn’t: You pass a law, constituen­cies who rely on it are born and they and others proceed to resist changes.

“Social Security is the classic case, of course,” says Andrew Rudalevige, a political scientist at Bowdoin College.

There are a few examples to the contrary. For example, interest groups fought ferociousl­y to regain their tax breaks and undermined a historic bipartisan tax reform in 1986 crafted under President George H.W. Bush.

But Social Security and other transforma­tional changes, such as transporta­tion deregulati­on (trucking and airlines), proceeded apace and suggest why Obamacare “has staying power,” as Rudalevige puts it.

It’s unleashed market forces that are hard to undo.

If you doubted that, be informed that HCA Holdings Inc., Tenet Healthcare Corp. and Community Health Systems Inc. shares all gained at least 8% shortly after Bloomberg News first broke word of the decision at 10:08:09 a.m. Eastern Standard Time on Thursday (beating Thomson Reuters by all of six seconds).

Further, Obamacare is pretty heavy on regulation­s, like Social Security and Medicare. Those become tough to alter, while creating a huge number of people with incentives to maintain their benefits.

It’s not guaranteed with metaphysic­al certitude but likely. One interestin­g qualifier is broached in the work of Andrea Campbell at Massachuse­tts Institute of Technology, who talks about welfare politics and its key constituen­ts, the poor, voting infrequent­ly and finding it harder to organize.

So one trick for Obamacare might be to make sure it insinuates itself into the middle class, which has more political clout and ability to resist change.

But it’s not as if even proponents don’t concede issues with the law, which did not alter the private health care system in any significan­t fashion.

“Basically the real challenge now is for delivery system reform — that is improving quality and lowering cost,” said Ezekiel Emanuel, an oncologist and medical ethics and health policy expert at the University of Pennsylvan­ia and a former White House adviser on the health care law.

“The ACA galvanized that activity and is pushing it forward but a lot more needs doing. That will continue now without distractio­n of will ACA be repealed. That is good.

“And one would hope that there could be more bipartisan overlap to push initiative­s that would accelerate the transforma­tion. It is happening but could go faster.”

For sure. But, with a presidenti­al campaign upon us, the near certainty is that even as more Americans may benefit from the law, Republican­s will beat the drum.

And they’ll go after Hillary Clinton for her support, while she beats her own drum among minorities, especially Latinos, and gains advantage.

The bottom line will be the same: The GOP can hector all it wants. But, as with gay marriage, they’ve now lost the argument.

There’s a reason social policy rarely gets unraveled

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