I want to propose an option to the public option. Let individual states opt out of the public option. Provide a mechanism to let individual states opt out. Follow me below the fold to explore why this is a worthwhile argument to pursue.
Update: updated the title.
This seems to be the season of triggers. We have had trigger brandishing in the public town halls. We now have triggers to the public option being discussed just to accommodate Sen. Snowe and blue dogs. The administration unfortunately started their negotiating gambit with public option, and not single payer. This cornered them into ceding something from the public option just to make it seem like the blue dogs and Sen. Snowe exerted some influence in the process. The administration itself seems to think that they need to cede something to show good faith in negotiations.
While I am not interested in diluting the public option, we need to explore the concessions that will corner the opponents of the public option in the debate.
Let us say that the mechanism for states to opt out is a referendum in states that have referendums. In states that do not have referendum, have their senators and congress people and may be state legislatures through vote choose to opt out.
In the worst case scenario, all the blue states will have public option. The more likely scenario would be one where the electorate in those states will hold their representatives accountable given the popularity across the board for public option. There need not be any punitive measure for states that opt out to make it only fair. In fact the states may be refunded their proportion of the budgeted amount to finance public option for states to do what they want with the refunded amount.
So, if Ben Nelson, Kent Conrad, and Evan Bayh don't like public option they can make sure their states opt out. We will see how that will play out. In fact, if the republican senators en masse vote to opt out of the public option, that may even help turn some of the red states blue in the next few elections.
Even if the legality of the proposal is not sound, as a rhetorical instrument it will negate the arguments posited by blue dogs and their ilk. No death panels, no socialist take over, no government hurting the poor insurance companies etc. for the opted out states. The rest of us will make do with the public option.