Senate parliamentarian rules that bill must pass before reconciliation can be used

 

The thinkable has happened, and the Senate parliamentarian has ruled that the president must sign the health-care reform bill before the House and Senate can act on a reconciliation package.

In the Democrats' Senate Caucus meeting today, Kent Conrad apparently argued that this left the Democrats in an even stronger moral position. The reconciliation rider fixes unpopular elements of the health-care bill: the Nebraska deal, the Florida deal, the excise tax and so forth. If Republicans figure out some nuclear level of obstruction that could actually derail the reconciliation process, then they will effectively own the worst elements of the Senate bill, and Democrats can just spend their time hammering Republican obstructionism that has so lost touch with reality that they'd rather keep legislation they're against than let Democrats fix it. Or so goes the argument.

Meanwhile, the hypocrisy that the state-based Senate and the district-based House have embraced in their ferocious denunciations of these deals gets a nice showcase in Rep. Mike Capuano's list of complaints with the health-care bill. Most of them boil down to the need for Massachusetts to have more Nebraska-like deals.


Related

  • The biggest problem for the health-care reform bill right now is not Republican intransigence, troubling poll numbers, or even procedural constraints. It's the corrosive mistrust between House and Senate Democrats. This has mostly played out as farce, with Mitch McConnell and other Republicans warning House Democrats that the Senate might abandon them, and then they'd be on record voting for the health-care reform bill.

  • According to ABC's “The Note,” "Senate Republicans say they can get the whole package of reconciliation fixes – the fix-its that make the Senate plan palatable to House Democrats – thrown out with a trump card procedural motion." That trump card? The dreaded 310(g) point of order.

  • Nope. The bill on the House Budget Committee's web site that's being called the reconciliation bill is not the reconciliation bill, or at least not what people mean when they talk about the reconciliation bill. It's the bill that will become the reconciliation bill. You see this occasionally in the House and Senate, where the oddities of the rules occasionally make it useful to put a new bill in the hollowed-out shell of an old bill.

  • Jon Chait doesn't think I, or anyone else, has done a very good job explaining deem and pass, so he takes a shot:

  • What Greg Sargent is hearing tracks roughly with what I'm hearing: The House and Senate are nearing a compromise bill that the president can present at the Blair House Summit. That compromise looks a lot like we expected it to look: Nationally regulated exchanges, a deal on the excise tax, somewhat better subsidies and so forth. The question is simply whether the summit will give Democrats the courage to move forward.

  • The Democrats are looking like they're going to win this one clean. And when I say clean, I don't just mean they seem to have the votes. I mean they seem to have the votes without going the deem and pass route. They're going to take a straight vote on the nine pages of reconciliation amendments (which you can download here) and then on the Senate bill.

  • My preference is that House Democrats pass the Senate bill and then run their fixes through the reconciliation process. But I think there is an argument that the current health-care bill has been terribly compromised by the months of controversy, the shady deal with Ben Nelson, the ambivalence of key legislators, the endless meetings with industry players, the wasted time, and the collective freak-out of congressional Democrats in the aftermath of Scott Brown's election. There is another option.

 
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