12.18.25 - Discharge petitions go from unicorn to usable

The House discharge petition used to be more myth than true mechanism. House rules allow 218 Members to force a bill to a vote over the Speaker’s objections. For decades, leadership pressure for Members to stay in line kept that number out of reach. 

That’s no longer true. 

In the last two Congresses, under Speaker Mike Johnson, House lawmakers have successfully reached the 218-signature threshold six times, more than in the previous 30 years combined. Given that Democrats hold just 213 House seats, hitting that bar is impossible without GOP defections, which have suddenly become more common. 

As a result, discharge petitions are becoming a viable way to force votes the Speaker would rather avoid.

Why House Republicans Are Breaking Ranks

Health insurance premium subsidies that help lower costs for Americans who purchase plans through the Affordable Care Act (ACA) exchanges are set to expire at the end of the year. The President and GOP-controlled Congress have refused to support an extension and, as a result, premiums are expected to more than double, on average, for millions. 

Yesterday, Republican Reps. Brian Fitzpatrick (PA), Ryan Mackenzie (PA), Rob Bresnahan (PA) and Mike Lawler (NY) signed Democratic Leader Hakeem Jeffries’ discharge petition to extend the subsidies for three years, bringing the number of signatures to 218. 

This means Jeffries’ proposed three-year extension will get a vote in January—but it also means that, once again, a bloc of Republicans from swing districts concluded that doing nothing to address an issue posed a bigger risk than defying leadership. 

This petition’s success would be notable on its own, given how rarely discharge petitions have worked in the past. But this keeps happening—and it’s happening at a quicker pace since the shutdown ended. 

In just over a month, discharge petitions to extend the ACA subsidies, release the Epstein files, and restore collective bargaining rights that President Trump revoked from federal workers have reached 218 signers. This speed is due, in part, to advance planning from the top Democrat on the House Rules Committee, Rep. Jim McGovern (MA), to accelerate mandatory waiting periods for discharge petitions.  

As a result, Republican leadership’s opponents and its own Members are feeling emboldened to try for more votes the Speaker doesn’t want—and feeling confident they could actually get them. The next test: a stock-trading ban for Members and the President. 

What Discharge Petitions Can—and Can’t—Do

It’s important not to overstate discharge petitions’ power.

Again, once a petition reaches 218 signatures and clears the required waiting period, the House must vote. For the ACA discharge petition, that likely means a vote the week of January 5.
However, a discharge petition does not guarantee a law. Any bill that passes the House still must clear the GOP-controlled Senate and get the President’s signature. 

A successful House vote on the ACA subsidies won’t guarantee relief for the American families worried about rising premiums. But it will clarify where every House Member stands on this major affordability issue.

If you’d like a live update for your group or coalition, reach out to catherine@webuildprogress.org. Thanks!