A blog about politics.

Reconciliation

For months few have mentioned it. But as the public option withers on the Senate vine, progressive groups are beginning to push Senate Majority Leader Harry Reid to use reconciliation rather than pass a health care reform bill without a public option in it. I've heard a few whispers on the Hill that this is still an option, but for the most part Democrats know that shoe-horning it through reconciliation not only burns all centrist good will (good luck getting Blanche Lincoln to vote for just about anything else on Obama's agenda after baiting her to take such a politically tough vote and then switching to reconciliation) but such a plan has a lot of complications.

First, Republicans would invoke the Byrd rule – which would require a 60-vote majority to overcome – every five minutes, forcing Dems to pare down the bill and pass something much, much less ambitious. It took weeks to get a cloture vote to start the debate -- imagine how long it'd take to get the 2,074-page bill through God knows how many Byrd rule objections -- even if everyone proves to be germane. And second, the budget expires in five years – meaning Congress would have to go through this whole process all over again to either extend or make permanent the changes.

What such petitions show is the already-embattled Reid will face substantial anger from the left if and when he drops the public plan from the bill and picks up a trigger option instead of going to reconciliation. After all, the one thing that we did learn from Saturday's Senate vote, as Politico's Carrie Budoff Brown notes, is that Reid starts the debate three votes short on the public option. It's not like he's going to make those up on the Republican side. So from here on out it's a question of a) how to coerce and/or change the bill to get those three to change their minds, b) how to stage manage a failed cloture vote on the bill with the public option in it in order to go to an immediate substitution bill with a trigger in it (what I'm hearing is the most likely route), or c) reconciliation. All tough trails for Reid to navigate in the next month.

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  • 1

    Thanks, Jay. You rock; really good piece here. Of your three options, will you later post more idea / gossipy stuff on the “plan B” PO substitution (adding more to your earlier “Trigger Happy” post?) KT has explained problems with reconciliation before, including answering a question of mine over the weekend. If the bill could survive intact I'd push recon without “DeLay”, but I admit it won't be easy (link below for recon).
    .
    Also, kudos for your earlier $100M Landrieu post .Now we know how much it costs to buy a Senator. I appreciate your direct manner of addressing this, as you often do in your posts, thx. BTW, after the Senate debate vote, did you or your colleagues capture a pic of Reid kissing Landrieu? I'm presuming it was just a peck on the cheek or a kiss on the hand. I doubt Reid would be fully making out with Landrieu on the floor. Ensign might, but I digress. Thoughts, Jay? Thanks!
    .
    http://fdlaction.firedoglake.com/2009/11/23/its-harry-reids-choice-reconciliation-majority-rule/
    (I don't want to see a Tumulty vs. Hamsher fight over recon but that whole issue looks messy, alas)

  • 2

    "What such petitions show is the already-embattled Reid will face substantial anger from the left if and when he drops the public plan from the bill and picks up a trigger option instead of going to reconciliation."
    .
    I don't know about you but I know that most of your colleagues consider "the left" as a euphemism for "The Dirty Hippies". Unfortunately for Reid (and Lincoln) "the left" is also the Democratic base. So, when you say that Reid faces "substantial anger from the left" if and when he drops a trigger-free public option, what you mean is he will shortly be out of a job in the Senate. Same goes for Lincoln.
    .
    All the insurance industry money in the world, or even the gratitude of our corporate owners and admiration of corporatist gasbags in the media, won't save their seats if they "face substantial anger from the left" next November. Though I'm sure that their follow-up gigs will be even sweeter for having done their masters' bidding to betray the public interest.

    • 2.1

      shepherdwong:

      Though I'm sure that their follow-up gigs will be even sweeter for having done their masters' bidding to betray the public interest.

      See "Daschle, Tom".

      ...when you say that Reid faces "substantial anger from the left" if and when he drops a trigger-free public option, what you mean is he will shortly be out of a job in the Senate. Same goes for Lincoln.

      Yes, Research 2000 polls of Democratic primary voters in AK have her committing political suicide with them if she opposes HCR, but just wait until Obama campaigns for her, like he did Lieberman.
      .
      We also blew it big-time when we ran our mouths off about the Republican base and "ideological purges" and the "wilderness" and "shrinking the party for right-wing purity".
      .
      The story in 2010 will be all about us "committing suicide" and "ideological purity" and so forth and so on. We'll be blamed for Dem losses, for sure. We f-ed up.

    • 2.2

      "The story in 2010 will be all about us "committing suicide" and "ideological purity" and so forth and so on. We'll be blamed for Dem losses, for sure. We f-ed up."
      .
      Well, let's see what Obama and Reid manage to wrestle out of the process shall we? There's always a chance they'll come to their senses before it's too late (Obama's tepid support for real reform won't buy Blue Dogs enough progressive/liberal votes to save them if it fails) or they already get it and this is just more Kabuki for the corporatists.
      .
      Anyway, "conservative" "ideological purity" just makes the Republican Party even crazier and less responsive to middle class issues, our purges make the Democratic Party more responsive to average voters and more small "d" democratic. That's no eff-up.

    • 2.3

      "stage manage a failed cloture vote on the bill with the public option in it in order to go to an immediate substitution bill with a trigger in it (what I'm hearing is the most likely route),"

      "Stage manage"?

      So what you are hearing as the most likely route is a BS move to placate "the left"?

      As dim as Fightin' Harry can be even I have a hard time believing that he'll try that move.

    • 2.4

      shepherdwong:

      Anyway, "conservative" "ideological purity" just makes the Republican Party even crazier and less responsive to middle class issues, our purges make the Democratic Party more responsive to average voters and more small "d" democratic. That's no eff-up.

      I respectfully disagree. I think that the Republicans do speak to middle class issues, and very effectively in comparison to most Democrats. It is probably only that they've been such naked, catastrophic failures over the past eight years that they've lost credibility and majority power.
      .
      I believe that there is a large constituency that is sympathetic to populist conservatism, mostly because liberals have yet to effectively address that population. Liberals haven't had the opportunity to speak, have our ideas debated and prove ourselves through successful governance because the Democratic party is controlled by a centrist faction (the DLC and New Democrats) who are largely hostile to liberalism, liberals and popular accountability in general. We can't get a fair hearing. The people who speak "for us" on Meet The Press are centrists --either politicians or journos-- matched up against movement conservatives.
      .
      Also, the right has an established messaging infrastructure all to themselves, while we largely depend on institutional media, which are dominated by centrists or their corporatist allies. The left has nothing analogous that's that large and organized...yet. Liberals who do make their way up the establishment ladder do so by appealing to elites, and looking the other way when press corps hierarchy and conventions damage our interests.
      .
      The whole "crazy Republicans" thing is a way for the centrists who control our discourse to demean populism, period. The only reason they're "crazy" now is because they're accountable to their base, which the political-media establishment despises and fears.
      .
      We f-ed up because "our purges" will be portrayed by our populism-fearing political press corps as identical to the right's, and indicative of our decline. The whole idea of being "responsive to average voters" in a way that doesn't come from Madison Avenue techniques is alien, and will be denounced as subversive, just like the tea party movement ultimately was --not because it was portrayed as inauthentic astro-turfing, but because it was portrayed as authentic, angry people demanding things from politicians.
      .
      It's not that the people at the Post and NBC hate the right and believe they're wrong on the merits when they mock the tea partiers, it's that they don't have respect for normal people expressing themselves in an unmanaged way --right or left-- period. When they mock the tea partiers, it's just another version of their contempt for us.
      .
      You don't really imagine that elites like Chuck Todd and Andrea Mitchell, or David Gregory and Brian Williams, or Joe Klein and David Ignatius, or Rick Stengel and Ruth Marcus think there's any difference between the "activist, liberal base" of the Democratic party --people who opposed the Iraq war in 2003, for example-- and the firearms-at-rallies popular right, do you, shepherdwong?
      .
      We f-ed up.
      .
      When the rightists demanded the Republican party be accountable to the folks who reliably turn up and vote, and who donate their time and effort to elect candidates and spread messages, and who show up across the country and in the capitol at political rallies, we should have cheered, not screamed "Oh my god, look at the crazy people carrying signs and demonstrating!". We should have said "Good for them! That's democracy in action," not "They're crazy to think that politicians should be accountable! They're sure to lose elections!" instead of reciting the anti-populist, centrist CW script about how people "naturally gravitate toward the center."
      .
      We took our eye off of the ball, and let ourselves be manipulated. Look, how can we call the GOP crazy, and then say that the goal of legislation should be "finding common ground" with their representatives in Congress? Let's not kid ourselves: the Republican Party isn't being called crazy on our behalf --Krauthammer, Gingrich, the Cheneys & co still have platforms, don't they?-- it's that ordinary people are being called crazy again, and this time they're Republicans.
      .
      We f-ed up because, when it comes right down to it, so many of us just love to hate the right, so much so that we forget about the center who hates us even more. We so predictably love to hate the right so much that we just can't seem to get our minds around the notion that such reactions are being manipulated largely to keep us out of power.
      .
      Thanks for reading and considering this, shepherdwong.

    • 2.5

      Somebody hire me an editor.
      .
      How the crap can I say that in less paragraphs?
      .
      Where am I repeating myself?
      .
      God, I must get better at writing.

    • 2.6

      …stuart, you usually get responses from the commentariat, so something must be working here for you no matter how long posts are. For some others, it's less consistent. I sometimes get answers to my q's from KT and Jay (still working on Amy) and really appreciate their comments, but otherwise it's often off to feeding the crickets again. (today's exchange w/ rusty was an exception) Take asking about how to do italics; I asked but naturally had to go look up the GD solution myself.

    • 2.7

      "I think that the Republicans do speak to middle class issues, and very effectively in comparison to most Democrats. It is probably only that they've been such naked, catastrophic failures over the past eight years that they've lost credibility and majority power."
      .
      I'm speaking strictly about policy and strictly not about political rhetoric, though I find "conservative" and Republican rhetoric so inane and hypocritical these days, I'm amazed that it "speaks" to any sentient being and Democrats look even more incompetent and pusillanimous losing ground to it (the blame for which goes from corporate propaganda to a corrupted news media to right-wing-authoritarian-following to Democratic "conservatives"). In other words, Republicans were "such naked, catastrophic failures over the past eight years" because they were so very successful at implementing "conservative" policies (with the help of those "conservative" Democrats). Policy wise, I don't think these last eight years spoke very well to middle class issues by almost every empirical measure.
      .
      Though if you think George Bush or Sarah Pailin "speak to middle class issues", promising more tax cuts for the rich, more wars and trillion-dollar-a-year debt., waiting to go bankrupt from medical bills or being raped by their credit card company, better than Obama and the Democrats...I'm not sure who you think should be blamed for that. Remember, many of the people who follow Republican leaders have a completely different psychological and rhetorical orientation than the rest of us. Unless you think Obama is a Socialist who aims to destroy the country on behalf of al Qaeda and Jeremiah Wright.

    • 2.8

      but otherwise it's often off to feeding the crickets again
      .
      decon: I would suggest using more paragraphs. I don't know about other people, but I often find your posts physically difficult to read.

    • 2.9

      Stuart: concise is better. Tell me how, other than stoking their fears and resentments, Republicans speak to middle class issues.

    • 2.10

      Republicans are very VERY good at playing to the "why are things bad for me?" part of the populace.
      .
      That's why they are so effective as an opposition party and so poor as a governing party.
      .
      With all due respect I think SZ with his, not unreasonable, frustration with the Democrats overstates the power of the Republican message.

    • 2.11

      "With all due respect I think SZ with his, not unreasonable, frustration with the Democrats overstates the power of the Republican message."
      .
      I'm not sure that Stuart overstates the success of Republican rhetoric, especially in light of it's relatively ridiculous hypocrisy and vacuousness. The point is that the critique is value-neutral, just like the corporate press. It doesn't account for the fact that the Republican message is an evil, sometimes seditious lie, spread solely for the benefits of powerful elites, in part or in whole by an insidious array of public information sources, including nearly all corporate media.
      .
      The trouble is, when you equate the tactical success of that calculated lying and corporate-sponsored media disinformation in corrupting the minds of succeptible people, with speaking "very effectively" to "middle class issues", you've denigrated both public wisdom and morality (not that easy to do these days) and effective public policy to the level of the amoral mercenary conduct of corporate actors.

  • 3

    Jay, is there any talk of Reid pulling a Bill Frist?

    It sounds like a lot of the liberals are pissed off at the shake down by these four conservative democrats. Are there 51 of them willing to vote to kill the filibuster through the nuclear option? Through, I think they actually only need 50 since Biden could break a tie.

    That would protect the President's agenda going forward, stop obstruction, focus on actually getting things done and not overcoming procedural hurdles.

    It's make a better government and likely lead to a better bill.

    • 3.1

      I've often pondered how different realpolitik would be today if Frist had won his nuclear option …then lose R power in '08. Jay, have you or KT posted detailed stuff on how Reid could do try this? I also wonder if any issue changing “Senate affairs” might win over Ensign. Speaking of Ensign and making out with Landrieu on the Senate floor / not, Jay, have you dug up any more stuff on Coburn's alleged role in dealing with Ensign's “affairs” (the affair wife's hubby is claiming this; Coburn denies)? thx
      http://www.politico.com/blogs/politicolive/1109/Coburn_denies_Hampton_accusation.html?showall

  • 4

    Jay Newton-Small:

    ...for the most part Democrats know that shoe-horning it through reconciliation not only burns all centrist good will...

    Thank you so much for the accuracy of that statement.
    .
    But I'm genuinely confused about this:

    ...after baiting her to take such a politically tough vote and then switching to reconciliation...

    How does that make any sense?
    .
    If Reid uses reconciliation, Lincoln can vote against HCR to her heart's content, can't she? Aren't there 50 less centrist Democratic votes for the bill in the Senate + the VP?
    .
    We know that the latest Zogby in AK has public HCR opposition at 2-1, sure. But reconciliation means Lincoln can get away with voting "No", and the thing still passes.
    .
    The problem with reconciliation might not simply be pragmatic and political, Jay Newton-Small, but dogmatic and ideological. Maybe Blanche Lincoln honestly believes in the principle of compromise, that passing partisan legislation is fundamentally wrong in and of itself.
    .
    DLC New Democrats are famous for their ideological opposition to partisan legislation, aren't they? Isn't that principled opposition enough to make Blanche Lincoln side with Republicans on most issues going forward anyway, since it would go against the Reid & President's "post-partisan" promises?

    • 4.1

      SZ:

      I am curious what do you do for a living. Seriously, I don't agree with a lot of what to say but you have deep complete thoughts on a lot of issues and I respect that.

    • 4.2

      Agree freeinpa. Stuart most definitely keeps his comments in perspective. One could only wish to be near his level of commendable comments.
      .
      However, his level of discourse is drowned out by the many other variant commenters that go down into the dark recesses of the likes of our 3rd graders, IQ53 and company.

    • 4.3

      freeinpa:

      what do you do for a living

      I design and program databases, web applications. mobile applications, web services, cross-platform data exchange middleware, automatic-messaging applications (texting that communicates user choices back to update databases, phone calling with automated menus that record scheduling choices , emailing with data-driven links and forms, etc), and a whole host of specialized custom work-flow apps for corporate customers. I consult on these matters for decision-makers, too, so that they can know when their vendors and bidders are and aren't telling them the truth about what a technology will and won't do in X time for Y dollars. I'm getting into content management systems now, too, but I'm not doing any business, yet.
      .
      That's some of what I do for a living. My biggest area of expertise involves data modeling and database programming. My card says "Chief Data Architect", but even though I'm drawing up blueprints for a proposed technology house, I'm also sometimes the one going in and fixing the plumbing under the sink in said metaphorical house.
      .
      I hope that all made sense.

    • 4.4

      Thank you for your response. It does make sense. You responses follow a very recognizable methodical pattern.

      You do have my respect.

    • 4.5

      This is interesting regarding the nuclear option...

      In 1892, the U.S. Supreme Court ruled in United States v. Ballin that both houses of Congress are parliamentary bodies, implying that they may make procedural rules by majority vote. In 1917, Senator John J. Walsh contended the majority of the Senate could revise a procedural rule at any time, despite the requirement of the Senate rules that a two-thirds majority is necessary to approve a rule change. "When the Constitution says, 'Each House may determine its rules of proceedings,' it means that each House may, by a majority vote, a quorum present, determine its rules," Walsh told the Senate. Opponents countered that Walsh's "Constitutional option" would lead to procedural chaos, but his argument was a key factor in the adoption of the first cloture rule later that year. In 1957, Vice President Richard Nixon issued an advisory opinion stating that no Senate may constitutionally enact a rule that deprives a future Senate of the right to approve its own rules by the vote of a simple majority. Although legally nonbinding, this opinion has been treated as definitive

      http://en.wikipedia.org/wiki/Nuclear_option

  • 5

    We already know they intend to do nothing about climate change. They will soon drop the public option and in just a few weeks time, they will double down on a war many feel is already lost.
    .
    You can't say the Democrats are catering to their base. In fact, by siding with the likes of Joe Leiberman and three other people, who appear to have nothing in common with 99% or more of the liberals, political suicide is the better description for what the Democrats are practicing.

  • 6

    People, please do some more research about reconciliation. The key here is that its not permanent. Yes, Bush passed his tax cuts with reconciliation, and now they don't have a majority to protect it so its coming to a close. I don't want health care reform through reconciliation only to lose it again in five years. The most important thing we can do is get a foundation that is permanent and can be built on, Medicare, social security, the VA all sorts of things were not perfect when they started and most are not perfect now, but all have seen improvements from where they started. And progressives ought to understand that if they want it then they need to show-up. It's not enough to just vote in November. You want congress to pass something, you want those centrists to get off the fence, then hit the streets. If voters march on these offices they might begin to build momentum. Calls, letters are helpful but there's nothing like showing up in mass on the mall to get these Senators to rethink their positions.

    Landrieu thinks if she gets 100 million for poor people in New Orleans who lost Charity Hospital in Katrina, which was the main outlet for their health care, that she get those black votes in 4 years. But she fails to understand what Obama means to black voters and Landrieu can't win the state without them and they are not going to forgive not forget if she jams this president and puts his reelection at risk. If Landrieu takes down health acre she can forget black Democrats no matter how long it takes to arrive at her next election. The same thing goes for Lincoln, Of course, her election is in 2010 and she's another one that can't win without the black vote. If she thinks they will vote for her after she jams this president she's in for a rude awakening.

    • 6.1

      Dee:

      The most important thing we can do is get a foundation that is permanent and can be built on, Medicare, social security, the VA all sorts of things were not perfect when they started and most are not perfect now, but all have seen improvements from where they started.

      What do you mean by that, exactly?
      .
      How would this health care reform be "built on" in the future?
      .
      What specific "improvements" are you envisioning?

    • 6.2

      For example, the public option if there is one, right now is only open to those who are not covered by their employer, maybe someday after it becomes more popular and the public becomes less skeptical they will demand that that it be open to everyone. There's no question in mind that the exchanges will get better, community rating will get better, there's bound to be unintended consequences that will have to be improved. Frankly, I don't understand why you seem to think that this is such an unlikely scenario since its pretty much the history of every single piece of legislation this country has ever produced including the constitution.
      .
      Once this bill passes it will get better and the GOP knows it that's why they are so afraid of it. They still want to repeal social security and medicare but they know the public would never stand for it. The GOP is most afraid of the bill getting a foot in the door, even through a trigger. And I hope if they go to a trigger, they go to the a trigger that demands the strongest possible public option that will take affect if costs savings doesn't materialize.
      .
      If you go back to Medicare and look at all the Parts, they weren't all there from the beginning. Social Security, didn't use to cover federal employees, and a number of other categories of employees and didn't have all of the benefits that it has now. It's the way things work in legislation and its better to get a foundation to build on than wait another 20 years to try to get here in this place again.

    • 6.3

      Actually Landrieu will recieve 300 MILLION for her pro-vote the other night. But, when TRILLIONS are being tossed around who is counting a mere 100 million versus 300 million?
      .
      I am curious tho Dee. You cite Medicare, Social Security and the VA as bedrock ideals as examples of how the proposed Health Care Insurance Reform can be patterned after.
      .
      I take it then you believe that they are the examples of how a larger more robust health care system should be patterned after? How familiar are you with any of these 3 entitlement programs? Do you think they are viable entities or failures that are going broke as we speak? Long lasting programs with minimal tax payer subsidies or huge deficit non-sustaining programs?
      .
      If these three programs survive even, how do you think an even larger entitlement program will survive? How do you keep it going over time, Dee? Fairy dust?

    • 6.4

      Actually Landrieu will recieve 300 MILLION for her pro-vote the other night.
      .
      Prove it.

    • 6.5

      Here you go Cliff. In her own words, Landreiu proudly claims it to NOT be a 100 MILLION dollar "fix", but a 300 MILLION dollar "fix" for Lousianna.
      .

      "Based on that logic, a fix was needed according Landrieu to counter this artificial government-created wage inflation. But she claimed that aid was not just $100 million, but an astounding $300 million (emphasis added).
      .
      "And as a result, when we did the calculations, under the law, it made us seem as if we were Connecticut and not Louisiana, like we had sometime overnight become rich," Landrieu continued. "That is not the case, Madame President. Our state is still as poor as it was, if not poorer. I am not going to be defensive about asking for help in this situation and it is not a $100 million fix, it is a $300 million fix."
      .
      But, she denied that $100 million provision was the reason she had decided to vote in favor of cloture.
      .
      "I'm proud to have asked for it," Landrieu said. "I'm proud to have fought for it and I will continue to. That is not the reason I am moving to debate. The reason I am moving to the debate, as expressed - in this statement and in hundreds of statements and speeches I've given over the last year or two on this subject, which should be self-explanatory."

      .
      So it seems there is more to come with PORK for Lousianna, further BRIBES for votes that Lousianna has been historically noted for.
      .
      Politics as usual for the Democrats, and they are "proud" of the fact that they indeed do it. Not 100 million or even 300 million ear marked for Lousianna due to any health care needs, simply a HUGE influx of pork in this supposed health care bill. Unbelieveable.
      .
      http://newsbusters.org/blogs/jeff-poor/2009/11/21/louisiana-purchase-landrieu-blames-abc-report-100-million-buyoff-very-par

  • 7

    I do hope 'ol Harry pulls out the reconcilliation option. That would seal a complete expulsion of the Democrats in 2010. :D
    .
    I could live with 3 years of the currently proposed health care reform, in hopes that liberals would be shut down for at least a generation or more afterwards.

  • 8

    I don't usually link to (or read) Daily Kos, but I thought this was a valid fourth option - http://www.dailykos.com/storyonly/2009/11/23/807326/-Grayson:-Require-55-votes-to-invoke-cloture,-not-60
    .
    Can't Reid technically change the rules of the Senate to lower the needed votes for ending debate? I mean, like reconciliation, this is sure to piss off moderates, but it seems like it's just as viable an option. Right?

    • 8.2

      Thanks so much for responding to commentary with that helpful information, Jay Newton-Small.

    • 8.3

      What I get from this, JNS, is that the Senate is an unserious place where playing games and worrying about re-election is more important that actually doing the people's business. And I believe that the MSM are complicit because you spend so much time talking about the games these people play. It is always about their re-election, not about what is good for people - the voters. We have Byrd who can barely get in to vote: but he has served 50 years. The man's vanity is more important that the people's business. That he carries a copy of the Constitution in his pocket tells me more about his vanity than about his desire to contribute to the welfare of all Americans as opposed to his pork-laden constituents. He is not the first Senate bull, I know, but he represents everything that is wrong with the Senate. Look at Reid and McConnell: two unappetising characters in charge of the "world's greatest deliberative body", filled with many of the the world's quintessential hypocrites.

      I am totally disgusted.

    • 8.4

      Wow, I feel like an idiot. You know all this time people have been talking about a nuclear option, I really had no idea what they were talking about. After someone explains it, it really doesn't seem nearly as bad as the name makes it sound. I actually prefer this to reconciliation.

    • 8.5

      alaskanturkey: It's only been a handful of years since the republicans were talking about a permanent (or semi-permanent majority) and look where they are today. The same can happen to the democrats and just as quickly. The nuclear option is a classic case of what goes around comes around. It's MAD all over again. No one wants to use it because the chances are that it would also be used on them.
      .
      The representatives in D.C. are in there for the long haul and realize better than anyone that the pendulum swings to the right and then the left just like on a grandfather clock. The atmosphere in Washington is bad. The nuclear option would make it toxic. Probably for good.

  • 9

    Little point in discussing this since it looks by all measures that the Dems will have 60 votes.

    http://www.political-buzz.com/

  • 10

    Jay --

    Thanks much for addressing this question and your willingness to respond to comments. But I'm wondering where you get your information from.

    First, it's not clear what is the basis for saying that reconciliation laws last only for five years. the Bush tax cuts only lasted that long because of the grisly CBO projections of exploding deficits after a certain length of time; thus, they agreed to time-limit them because the reconciliation law DOES prevent budget-busters like the Bush tax cuts. But that's a far cry from saying that ALL reconciliation measures last only five years. The Reagan tax cuts are still on the books.

    Second, I think it is wrong to say that the GOP invoking the Byrd Rule would require the Dems to pare down the legislation. The question is what the Chair, i.e. VP Joe Biden, does with the GOP point of order. If he rules against it, then it requires 60 votes to OVERTURN Biden's ruling. Any point of order must be ruled on; it does not automatically carry.

    Third, I am puzzled by your assertion about the nuclear option. Reid does not have the power to change the rules by himself. If he got 50 Democratic votes to do it, then he could do it, and the Republican threat to shut down the Senate would be exposed as being hollow. Their attempts to deny unanimous consent could be overturned as dilatory by the Chair.

    The REAL reason why the Dems don't use reconciliation is because they don't want to. It's political, not legal. They don't want to blow a hole in the filibuster because they cherish their own abilities to shut things down and stop things more than they desire to have the institution work. It's as simple as that. They could do it, but they don't want to -- not necessarily because they don't want health care reform, but because they want their own political power and prerogatives more.

    The question is whether GOP obstructionism is going to become so blatant and over-the-top that maintaining the old rules just won't be worth it anymore. The Senate GOP has obliterated every record for filibustering, and no one else even comes close. There were unwritten rules that that was "just not done." Now that those unwritten rules have been vaporized, the question is how the Dems respond.

    If I'm wrong on any of the assertions regarding how reconciliation works, I'd be grateful for a correction.

  • 11

    It all so should be noted that the republicans used the process has been used to muscle through some pretty hostile legislation, including parts of the Contract with America in 1995 (vetoed by President Clinton), the first round of the Bush tax cuts, and opening up land in the Alaskan National Wildlife Reserve for oil drilling. All of these were were met with howls of protest from Democrats. And all those howls did diddly. But now since its the centrists and republicans that will be doing the howling things have changed. Go figure.

  • 12

    Whoops posted up tread by mistake-

    "stage manage a failed cloture vote on the bill with the public option in it in order to go to an immediate substitution bill with a trigger in it (what I'm hearing is the most likely route),"

    "Stage manage"?

    So what you are hearing as the most likely route is a BS move to placate "the left"?
    As dim as Fightin' Harry can be even I have a hard time believing that he'll try that move.

  • 13

    The question is whether GOP obstructionism is going to become so blatant and over-the-top that maintaining the old rules just won't be worth it anymore.
    .
    I think it's already pretty blatant, the question is whether they will be called on it by the media so the public who only listens to their local news begins to get a sense of what's going on.

  • 14

    If I'm wrong on any of the assertions regarding how reconciliation works,

    No, I suspect that you're showing a significantly better understanding than the press corps, due to you failure to allow 'both sides' to whisper in your ear and consider them equivalently valid sources of information.

  • 15

    There is another problem with using reconciliation at this point for health care--it can only be used once in a fiscal year (the original purpose was to 'reconcile' appropriations with the overall budget), and it may be needed later in the year for another jobs/stimulus bill if unemployment remains chronically high. Otherwise, you would need 60 Senate votes once again, and everyone will remember the problem getting them back in February (it can be argued that reconciliation should have been used back then to get a bigger bill, but that is water under the bridge now).

  • 16

    There are some very interesting thoughts being expressed in threads today. But after reading all of them, I must ask myself, should we not also consider what would happen if the dems manage to pass HCR, with some form of public option, and the plan actually does what it is supposed to? If it does bring down the deficit, bend the cost curve, bring tens of millions of more people currently without health coverage under the insurance umbrella, force insurance companies to be more competitive and do away with current exclusions being used by insurance companies to deny coverage?
    Would the naysayers admit they were wrong? I don't think so.

    Historically, when I look back at our government over the last few decades, what I take note of is that repubs have been terrific at campaigning, but lousy at governing. Excellent at planting fears in the minds of voters, while exploiting those fears as a means of lining their own pockets, or those of their corporate masters.

    Granted, the dems have also taken care to try and feather their own pillows, so they are not guilt-free. But at least I see the dems trying to also better lot of those in the middle and lower classes.

    Whatever happens to HCR in the end, I guarantee there will be blood in the aisles of Congress come election time in 2010. A failure to enact some form of HCR will retire many politicians on both sides of the aisle. And passage of HCR that does not reform anything will have the same result.

  • 17

    it is critical to the business community, for businesses pay more than $500 billion on employee health annually. The chamber supports getting costs under control, reforming the insurance system and creating a vibrant market place. Inform someone today! We should proactively combat negative comments, and support the US Chamber's Fan Page http://www.facebook.com/uschamber?ref=ts

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