In my last post, I railed against the 60 vote frame and outlined the “nuclear option” procedure which allows escape from that requirement for passing reform and also makes clear that the frame that 60 votes are necessary is at best a half-truth, and at worst a lie. Of course, I didn’t expect that post to change the world, or even have much influence on it. That post, and previous ones I’ve done on the subject of the filibuster are just the best I can do to try to change it. They’re an obligation. Part of a longer term effort to do my part to restore a vanishing democracy in the United States. This post, too, is part of that effort.
The 60-vote frame is just as vigorous this week as it was last week. Ceci Connolly, a prominent member of WaPo’s “framing” (i.e. “reporting”) health care team, today characterized the Senate’s problem as one of stitching together a complex bill that would somehow include something that could be called a PO, but still be capable of getting 60 votes. The frame has shifted slightly from a few weeks ago, because the latest polling results at WaPo show a steady rise in support for the PO since August. But I guess the support for it is not high enough, as we’ll see, to lead the Post to do a good job of explaining, the existence of alternatives to the 60 vote frame.
In the paper itself today, Connolly and Shailagh Murray addressed the question: “Why does everyone keep talking about 60 votes in the Senate?” Their answer, reflects their bias toward the necessity of the 60 vote story frame they repeat again and again to the public.
”Sixty is the magic number needed to overcome a filibuster in the Senate. On paper, Democrats have 60 votes. But to reach that threshold, they will need Sen. Robert C. Byrd (D-W.Va.), who has been in frail health, and independent Sens. Joseph I. Lieberman (Conn.) and Bernard Sanders (Vt.).
“Further complicating the math, a handful of centrist Democrats say they are not yet sold on the health-care bills approved by two Senate committees. The narrow margin helps explain why the White House and Democratic leaders have aggressively courted Snowe as a possible crossover vote.
”Democrats have a procedural fallback — a maneuver known as “reconciliation,” which requires a simple majority. However, parliamentary experts say it is not clear that Democrats could achieve the sweeping health-care reform Obama envisions under this approach. Reconciliation is reserved for legislation related to the budget.”
Connolly’s and Murray’s answer to the question is both biased toward the 60 vote frame, and also incomplete. Their discussion of reconciliation is biased because it tacitly assumes that 1) Democrats must pass “the sweeping health care reform Obama envisions,” rather than some other sweeping reform bill, even though it is not yet clear exactly what that sweeping reform contains, and 2) the reform must be passed in a single bill under reconciliation rather than multiple related bills. I’ve proposed a strategy Democrats could follow under reconciliation some time ago that would require only 51 votes for the aspects of reform that are more controversial and likely to be opposed by Republicans and Democrats; while other less controversial aspects of reform would then be passed in separate bills with 60 votes.
Apart from the biased introduced by unnecessarily constraining assumptions, their answer is incomplete because it ignores the “nuclear option.” Using it, a controversial bill could be passed using 50 votes from Senators plus the Vice President’s vote. My last post outlines the procedure. Objective reporting would have mentioned its existence and pointed out that it lies within the Democrats’ capability to use it, and that so far they have chosen not to. Of course, since WaPo is opposed to using the “nuclear option,” its “reporters” don’t even mention that the Democrats could choose to use and escape the 60 vote burden; not just for health care reform, but for the rest of the Democrats’ agenda as well.
To end this post, I’m going to repeat what I said in my last post because the 60 vote frame continues to be so important, as illustrated not only by WaPo today, but by almost every discussion we see in the MSM so far this week.
”What we should be doing now is generating a deafening blog chorus about the Democrats having the power to remove the 60 vote requirement in favor of the constitutional 51 vote one, by getting rid of the filibuster once and for all. But we are not doing that. Instead we are accepting the legitimacy of the filibuster and discussing the arcana of navigating the PO through what may prove to be multiple 60-vote barriers, before even a very weakened PO can finally emerge. What kind of progressivism is this?
”Let’s spotlight the fact that the Democrats can get rid of it, and pass not only health insurance reform, but much else besides and get it spread throughout the left blogosphere. And let’s break through the MSM conspiracy of silence on this subject and get them to begin talking about it too. We need to get this idea out. It’s very important to have people look squarely at the fact that we can have much better health care reform, if not single-payer, enhanced Medicare for All, immediately, if Democrats are willing to give up the filibuster. So which is more important to them, and to Harry Reid, and Barack Obama, the filibuster, or a health insurance reform with a strong PO?”
(Also posted at theAlllifeisproblemsolving blog where there may be more comments)



11 Comments







allowing a simple majority of senators, representing a minority of the country, to write laws with no filibuster process to allow delay and appeal to the public for their involvement, is not restoring democracy.
the senate, as currently configured, gives too much power to small less populated states. that, not a functioning filibuster (we don’t have one, but we could), is an impediment to democracy.
Hi selise, You are definitely my favorite critic of my diaries against the filibuster. You said:
I think it’s an important aspect of restoring democracy, because the filibuster has resulted in the defeat or watering down of so many legislative initiatives in American history that were favored by the majority. More than any other factor in Government, the filibuster has blocked the ability of law makers to cope with America’s problems. Delay and appeal to the public for their involvement can be provided by rules other than filibuster.
Meanwhile, because of the filibuster, we cannot pass either single-payer HCR, or a Jacob Hacker-type of robust public option. Because of the threat of it we have had an inadequate economic stimulus that has done little to prevent the rise in unemployment to nearly 10%. I could go on and on about the recent costs of the filibuster, not to mention its costs in previous years. But the bottom line is that its costs are much too high for our country. I’m unwilling to pay those kinds of costs so that Empress Snowe and President Collins can arbitrate the terms of the health insurance reform legislation and blue dog Democrats can have cover for their sell-out to their insurance industry. It’s enough. Let’s end it now.
You also said:
I agree that the Senate gives too much power to small states, but that can’t be ended without a constitutional amendment. Meanwhile, there is no justification for magnifying the influence of small states further by having the filibuster in its current form. You say that a functioning filibuster wouldn’t be an impediment to democracy. But that’s not the point here, is it? The point is that the dysfunctional filibuster we have now is an impediment. And another point is that if we had a functional discussion mechanism in the Senate providing for debate of reasonable length on bills, then that mechanism would not be called “the filibuster.” “Filibuster” means a process which allows the minority to block legislation and frustrate the will of the majority through continuing, unconstrained, speech that is often non-relevant and unreasonable. What you propose in place of that is a period of reasonable debate that is unconstrained and that would not frustrate the will of the majority of the Senate. Whatever else that may be called, it won’t be “the filibuster.”
thanks letsgetitdone. you are great fun to discuss/argue with and i learn a lot from you and you make me reconsider my own views. it’s too late now for me (very tired and brain dead) to reply to your thoughtful comment but i did want you to know i’d seen it and will try to return tomorrow to reply.
Thanks lets, this is a great post.
Thanks you, Jason.
Any chance of HCAN calling for using the “nuclear option” to pass a robust PO?
There’s a possibility if we get to that point, but we’re definitely all about the non-60 frame. We want a party-line, procedural vote on cloture, and we believe it is a meaningless, parliamentary vote. We need 50 votes on the question of health care.
Great. But if you can’t get cloture, then it would be best if you went for the “nuclear option,” because it it passes we don’t have to worry about the 60 vote frame ever again. Also, reconciliation has its limits as you know.
Well, there is reconciliation to be tried first I’d imagine. I’m pretty confident we can get what we want through that process if necessary.
How can you get insurance company regulations through reconciliation? They’re not budget-related items? You can get the PO with Medicare rates, I think. But how about the exchange. is that budget-related?
Of course, if you can pass a universal PO first, then the insurance companies might be more amenable to regulations and the exchange. But if we can pass regulations with 60 votes, then why should we care about an exchange?
The exchange is where you dispense the subsidies, so it’s definitely budget related.
As for regulations, you’re right that it wouldn’t fly under the Byrd rule, but that doesn’t mean you can’t pass it through reconciliation. This is one of the less understood portions of reconciliation.
The Byrd rules says you can only pass something under reconciliation *unless* you have 60 votes to waive the Byrd rule on that provision. And so, you can structure the legislation in such a way as to create hard votes for Republicans (and moderate Dems). As in, they’ll have to vote specifically on the question of whether insurance companies should be able to continue to deny care for pre-existing conditions or not.
So, maybe you wouldn’t get 60 votes, but then again, maybe you would if you ask that specific question and force the hard vote.
Thanks for the explanation that something can be passed in reconciliation if you have 60 votes. I’m not sure I agree with the interpretation, but it’s certainly interesting. On the other hand, even if it’s disallowed, the regulatory aspect can be passed in a separate bill if one has the 60 votes. I also agree that it would be hard for any Democrat and perhaps even a few Republicans to vote against a regulatory bill.
On the matter of the exchange I don’t know if I agree that it’s of necessity bound to subsidies. It seems to me that these are separate issues. Subsidies do relate to reconciliation; but I’m not sure that mandates and the exchange really fit. On the other hand, once the PO and subsidies have been passed in reconciliation, and the regulatory change shave been passed either in reconciliation or in a clean bill, then few will oppose mandates and the exchange in a third bill, since without them the insurance companies would then be toast.