MSNBC "The Ed Show" - Transcript

Interview

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SEN. RON WYDEN (D), OREGON: I think these lawsuits are going nowhere.

But they really aren"t even needed, Ed. We were able to get a provision in

the bill that gives the states the power to go off and innovate, come up

with their own approaches, as long as they meet the minimum requirements in

the bill.

And one of the issues I want to stress tonight is this is a huge

opportunity for public option supporters at the state level. What public

option supporters can do at the state level is push to have their state go

with this kind of approach, show that the public option is effective at

holding insurance companies accountable, producing more choice and

competition. And with that kind of hard evidence that could be accumulated

at the state level, it will be very hard to hold off the adoption of a

public option at the national level.

SCHULTZ: OK. I believe that"s Section 1332 of the Senate

reconciliation bill that says that the mandate can be turned into an option

of what the states want to do.

Is that correct?

WYDEN: That is correct.

SCHULTZ: OK.

WYDEN: And that"s why I say to these attorneys general, why don"t you

work with us to innovate rather than litigate? They"re always talking

about states" rights. We"re empowering the states. The counsel for the

Senate Finance Committee gave them the freedom.

SCHULTZ: OK. So, Senator, you"re saying that, technically, there is

no mandate, the states are going to have to choose to do that?

WYDEN: What the legal counsel said, in response to my question

specifically, Ed, is under this particular state option, if a state can

show that they are meeting the minimum requirements in the bill, they do

not have to have an individual mandate. And I"m telling viewers,

particularly progressives around the country, you can go to your state

legislature, you can go to your governor and say that under that provision,

you want your state to put a public option in place to hold insurance

companies accountable.

SCHULTZ: A lot of talk about it not being a bipartisan bill, but it

was real close to 60. There were three Democrats that voted against the

bill, 56 in total did vote for.

Interestingly enough, Blanche Lincoln, who will get a primary

challenge in Arkansas, both she and Senator Mark Pryor voted with the

Republicans and against the bill. And, of course, Senator Ben Nelson from

Nebraska also voted with the Republicans as well. And so he was also a

"no" vote.

So, as it stands right now, this is a major victory for the Democrats.

Where"s the risk here politically, if there is any at all?

WYDEN: I"m sure that the insurance companies are going to start

trying, beginning with the open enrollment season that will take place this

fall--they"re going to continue, for example, to try to cherry-pick. We

are, in this legislation, of course, doing something that you and I feel

very strongly about, and that is outline the vicious discrimination against

those with pre-existing conditions.

But I know that insurance companies--and I know this from my days

with the Gray Panthers--they"re still going to go out and try to do a lot

of clever marketing to primarily the healthy people. So we are going to

have to be very vigilant in terms of protecting consumer rights. That will

start very quickly.

And as I say, that"s one of the reasons that I hope public option

advocates will look at that waiver provision and do it at the state level,

because it"s a way to hold the insurance companies accountable.

SCHULTZ: And quickly, Senator, your thoughts on the Republicans

saying they"re going to run to repeal it in the midterms?

WYDEN: I don"t see how a Republican can stand up at a town hall

meeting, I don"t see how anybody can stand up at a town hall meeting and

say, hello, I"m really here to tell you I"m going to repeal a law that

protects our people from against discrimination against pre-existing

conditions. I don"t see how that passes the smell test.

SCHULTZ: Good to have you with us, Senator Wyden.

WYDEN: Thank you, Ed.

SCHULTZ: Appreciate your time tonight.

WYDEN: Thank you.

SCHULTZ: Thanks for all your work, too.

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