Democratic Senators applauded themselves some time ago by claiming they had adopted a rule dispensing with the 60-vote requirement they normally imposed on themselves to pass any contentious legislation. The solution, they told us, was "reconcilation," a process they promised could be applied to health care reform and only needed 51 votes.
Now Sen. Kent Conrad tells us that was all a ruse, that in fact we’re stuck with the 60-vote requirement, which means Republicans and one or two Democrats can block any meaningful health care reform — which they are more than happy to do.
The implication that the Democratic Leadership (and the President) essentially lied to us came in this startling interview (for other reasons I’ll discuss later) Conrad gave to Ezra Klein:
Klein: And why do you think that reconciliation won’t work for health reform?
Sen. Conrad: Reconciliation was never designed to write substantive legislation. It was designed solely for deficit reduction. The whole idea was you would change numbers, not policy. You would change numbers on the revenue side of the equation and the spending side of the equation.
And so, the way it works, under current rules, if your in reconciliation, you have to be deficit neutral over five years. Under the budget resolution, health care can be deficit neutral under 10 years. That’s a big difference.
Two, under reconciliation, you’re subjected to the Byrd rule. The Byrd rule says that anything that doesn’t cost money or save money, or that only costs money or saves money in a way that’s incidental to the policy, are subject to strike. The result, for instance, is that all the insurance market provisions are subject to strike. All the wellness and prevention provisions are subject to strike. The Senate parliamentarian said to us that if you try to write substantive health reform in reconciliation, you’ll end up with Swiss cheese.
Perhaps this is just Conrad’s own interpretation — he’d didn’t want reconciliation applied — and there is a plausibe alternative interpretion. The question is, which interpretation is the Democratic leadership planning on? Because that affects how they see their bargaining position and what has to be compromised (and whether the compromise is worth it) to get a bill. Do we really need Conrad’s pushing a co-op notion, because we need 60 votes? Or do we already have at least 50 votes for a robust public plan?
I think we’re entitled to an honest statement from the Senate Democratic leadership and the White House. How many votes do we need — 51 or 60? And don’t bother with the usual mush about how it would be nice to get bipartisan support. Give us a straight answer, in public, and say it in front of Conrad.
Harry? Mr. President?



27 Comments




We would probably have to do reform in two pieces if we did reconciliation, the pieces that affect the budget first (the hard stuff, public option, etc…), and then insurance regulation and such, also important, less hard.
So, 60 is preferable, and we can get there for something real. But if not, then hell yeah, let’s do 50.
i don’t know the reconciliation rules, but i do know about one regulation bill that was put in to the year’s omnibus appropriations bill, H.R. 4577, during conference – H.R.5660, the Commodity Futures Modernization Act of 2000.
why would this be different? or have the rules been changed since 2000?
http://oxdown.firedoglake.com/diary/2141
I would be totally shocked to get a statement from any of these people that we could take at face value. Honesty is apparently considered to be a liability among the Democratic “Leadership”. They will tell the People whatever they want to hear and then surprise us when the time comes to actually deliver.
They can always blame the two-thirds of the Senate who are not up for re-election, the arcane rules of the Senate which prevented them from carrying through on their promises, or even the “Comity” of the institution. There is always an excuse for protecting their big contributors at the People’s expense…
Personally, I think Conrad was blowing smoke. Republicans only go legalistic when they know they have a losing hand or are engaged in CYA.
When you don’t want to do something in politics – as in any bureaucracy – it’s always better to blame the other guy for rules that prohibit you from doing what, in truthiness, you really, wanna, awfully, gosh darn oughta, like to do for the good of your
campaign war chestconstituents.other feedback I’m getting suggests this is just Conrad’s view and that the leadership has a different view, that even if the parliamentarian agrees with Conrad, the Senate could overrule it.
That leaves this question: if Conrad is claiming to be acting at the direction of the 11 Senate Dem leaders, which is what he told Klein in the interview (which Ezra published), then why are the leaders having him negotiate on the belief he has to have 60 votes? It’s clear sausage making is not for scarecrows.
Trial balloon, to see who’s still watching and whether the Dem leadership needs to pay attention to them?
Scarecrow, I hope you read this as Conrad IS blowing smoke. The Bush tax cuts were pushed thru via a ’sunset provision’ -10 years out- to circumvent the ‘Byrd Rule’; see here.
And see here for how the Senate was divided over the 2003 Bush tax cuts and what happened.
As usual Klein is a poor excuse for a journalist(research the subject of your questions before accepting an answer from the interviewee dingbat !)
To see who’s watching. I think that Conrad should already know who’s watching. The majority of the American people plus Ed Schultz, who had to make nice for one night by not calling his good buddy Conrad’s co-op idea a non-starter.
perhaps some procedural afficionado can explain why there is a 60-vote requirement for passing major legislation when (D)’s control both houses of congress and the WH, but this ‘60-vote requirement’ did not exist for the 108th and 109th congresses, when Bush got most everything he wanted?
Re: “I think we’re entitled to an honest statement from the Senate Democratic leadership and the White House” I agree, but unfortunately, I don’t think we’re going to get it. The lobbyists are now in control of the building.
Besides, the Senate Democratic ‘leadership’ hasn’t been honest, or effectual, in quite some time.
not OT, although i wish it was. from bill greider:
regulation can’t wait as it’s key to determining the viability of any reform.
Here’s a question to ask all those politicians that oppose a ’so called ‘public option”;
If the Health insurance companies and associations -e.g.AHIP- are opposed to a ‘public option’ because they fear the ‘competition’ from such a government plan, then what does that say about those Health insurance companies and associations when given the ongoing refrain by many of those politicians is about how the government is ‘inefficient’compared to private industry?
Sure seems like those Health insurance companies and associations don’t think they can be more efficient than an inefficient government program.
So the next time someone sounds the ’socialist’ horn, point out that such is the case already, it’s just a case of who is getting the benefits from such ’socialism’(which is a synonymn for ‘lack of competition’ among those least understanding of the concept of ’socialism’).
“The White House is playing hardball with Democrats who intend to vote against the supplemental war spending bill, threatening freshmen who oppose it that they won’t get help with reelection and will be cut off from the White House, Rep. Lynn Woolsey (D-Calif.) said Friday.
“We’re not going to help you. You’ll never hear from us again,” Woolsey said the White House is telling freshmen. She wouldn’t say who is issuing the threats, and the White House didn’t immediately return a call. [UPDATE: White House spokesman Nick Shapiro says Woolsey’s charge is not true.]”
Anyone who can’t see Rahm behind the curtain needs to run to an optometrist.
Democrats were given a chance in 2006 and they are blowing it.
Not that I personally could understand it, but is there a way to get a copy of the actual reconciliation rules that some of our legal eagles here at FDL could pick apart, so we wouldn’t have to take anyone’s word for it?
more Scarecrow goodness upstairs
What Kent Conrad Hasn’t Explained About His Co-op Health Reform Distraction
The co-op alternative poses the same question: if the insurers/Republicans fear a robust public option because people would choose it over private plans, but they’re okay with the co-op concept, then what does that say about the degree of competition the private plans fear from the co-ops? And yet Conrad is selling this as providing that competition, and Baucus is claiming the co-ops will “keep the insurers’ feet the to fire.” Sounds more like a cozy foot warmer than a fire.
Watch for Kagro X posts at DKos for rules interpretations.
Lefty Freshmen Congresspeople were never going to get help from Rahm in fact I expect Rahm to be lining up Primary challengers for them already.
The Freshmen’s only hope is to go even further Left vote to end the war and get us National Healthcare appeal to what the voters overwhelmingly want.
Embarrass the WH make Rahm look weak or they can get bought by Rahm this time and still get a Primary challenge after all inept treachery is Rahm’s defining trait.
It’s only his opinion, I am guessing the President’s opinion will be the one that holds up. All the evidence so far points to that happening.
Important point. Unlike its routine backing for GOP incumbents because they’re incumbents, the Dem establishment doesn’t seem shy about quietly opposing young Dems that don’t toe the party line. It doesn’t like change, it just wants to campaign as if it does.
Jane is upstairs!
Speak Out: Write Letters To Your Local Papers and Urge Members of Congress to Vote “No” On Supplemental
Scarecrow Amy Goodman
AMA Opposition to Obama Public Health Plan Echoes Group’s Decades-Long Resistance to Healthcare Reform
Ama-web
On Monday, President Obama is scheduled to address the American Medical Association, the nation’s largest doctors’ group with 250,000 members. They have expressed strong opposition to a government-run plan. We take a look at how the AMA has fought almost every major effort at healthcare reform over the past seventy years. [includes rush transcript]
http://www.democracynow.org/20…..lic_health
Nah, just talking and debating isn’t ‘blowing it’. Remember, it’s a very big issue. It deserves some time. … Okay, time’s up. heh
Probably, because they’ve lied to us about a lot of other things, including what they’d be doing when they got a majority of the seats. It’s turning into ‘jam yesterday and jam tomorrow’.