Editore"s Note
Tilting at Windmills

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April 23, 2009

MOVING FORWARD ON RECONCILIATION.... The New York Times reports today that the Democratic leaders "are tempted to use their political muscle to speed passage of health care legislation with minimal concessions to the Republican minority." The majority party would reportedly "resort to an obscure procedure known as reconciliation to clear the way for Senate passage of a comprehensive health bill with a 51-vote majority, rather than the 60 votes that would otherwise be needed."

It's worth noting that this is framed the wrong way. Reconciliation is not "obscure"; it's a procedure used many times in recent years, usually by Republicans. Reconciliation was used to pass welfare reform; it was used to pass Bush's tax cut plans; and more recently, GOP lawmakers even wanted to use reconciliation to drill for oil in the Arctic National Wildlife Refuge.

For the Democratic majority to pursue health care reform through reconciliation is entirely reasonable, and justified given a) recent history; b) the importance of the legislation; and c) Republican obstructionism.

On the other hand, the Republican minority is prepared to throw the tantrum to end all tantrums. Sen. Mike Enzi (R) of Wyoming said using reconciliation to pass health care reform would be tantamount to "a declaration of war." Roll Call reports today that the GOP is already planning its retaliation for Dems using a procedure Republicans have used many times.

As Senate Democrats move closer to using reconciliation to pass health care reform this year, key GOP Senators are signaling plans to avenge the move by employing parliamentary tactics to trip up even the most noncontroversial of agenda items.

Although Senate Democrats are far from reaching a consensus on the reconciliation issue, party leaders confirmed Wednesday that they are reserving the right to use it to pass health care reform if Republicans fail to negotiate in good faith. Senate Republicans -- saying they have every intention of being a full partner in the upcoming health care negotiations -- said holding reconciliation in reserve could poison the discussions, and threatened retribution.

"If they go down that road, I think the fur is going to fly," Senate Republican Conference Vice Chairman John Thune (S.D.) said. "I suspect that there is going to be an awful lot of resistance, and we will exercise our prerogatives so that the rules of the Senate are respected."

In other words, if Democrats try to pass legislation the same way Republicans tried to pass legislation when the GOP was in the majority, Republicans will effectively shut down the entire lawmaking process, indefinitely. The very idea of allowing the chamber to vote, up or down, on a key bill is so completely outrageous, congressional comity would be destroyed.

As if Republicans have been cooperative and productive up until now.

Of course, the GOP has options short of partisan war. They could work with the majority to pass meaningful legislation. If that seems laughable, then you can understand why the reconciliation process seems like a reasonable alternative.

For what it's worth, I'd just remind Senate Republicans that, as recently as a month ago, Sen. John McCain (R-Ariz.) conceded that "Republicans have in the past engaged in using reconciliation to further the party's agenda," and aren't in a position to complain if Democrats choose to do the same.

Steve Benen 10:35 AM Permalink | Trackbacks | Comments (33)
 
Comments

Of course the Republicans can offer their Republican Solutions to the out-of-control medical and health care costs for the average American:

Elimination of the Capital Gains Tax
Elimination of the Estate (Death) Tax
Lower tax rates for corporations
A 25% tax rate for the wealthy

See! They are the Party of Ideas and to prove it, they are going to filibuster anything that deviates from Republican Solutions.

Not to mention "taking a page out of the Taliban playbook". But that might be a different post all together.

Posted by: jcricket on April 23, 2009 at 10:44 AM | PERMALINK

I hope the Democrats aren't in too much of a hurry to use reconciliation. It's not that I think there's anything wrong with passing healthcare reform that way, and that's probably the only way it will pass.

But if they go the reconciliation route immediately, Democrats will end up helping the Republicans by saving them from more self-inflicted damage. Americans want to see the healthcare system fixed. They definitely don't want the Republican "solution" of taking away healthcare as an employee benefit and leaving every individual on their own to get health coverage as best they can.

Let the debate play out. Watch the Republicans shoot themselves in the foot, then in the other foot, then in both shins, then in both thighs, etc, etc.

When Democrats have gained the maximum benefit from this issue, then they should ram it through using reconciliation in the last week of the session.


Posted by: SteveT on April 23, 2009 at 10:45 AM | PERMALINK

The prospect that the GOP leadership would stomp its feet and hold its breath until it turns blue is actually a compelling argument FOR using the reconciliation process. I'd love to see it.

Do they really want to have the very popular President who was elected to get things done, stand up and blame them for blocking everything because they had to throw a partisan tantrum? Really? If they think they'll come out ahead, let them try.

Posted by: biggerbox on April 23, 2009 at 10:46 AM | PERMALINK

One more thing. I hope someone is putting together a teevee commercial to play while the Republicans are filibustering. They should string together clips from 2003-2005 of about 20 different Republicans, all demanding up or down votes.


Posted by: SteveT on April 23, 2009 at 10:49 AM | PERMALINK

But if they go the reconciliation route immediately, Democrats will end up helping the Republicans by saving them from more self-inflicted damage.

Nothing would help the Republicans more than if they pass a healthcare bill that requires everyone to buy private insurance, leaving no public option. If reconciliation pushes through a good bill, it will be well worth it. But more than anything, Dems should absolutely not tolerate Dem senators participating in a filibuster (killing a cloture vote).

Posted by: Danp on April 23, 2009 at 10:58 AM | PERMALINK

The Democrats' argument should be very simple:

In 2003 Bush looted the Treasury to give $1.8 trillion (2003-2010) of tax cuts, a large percentage going to the super-rich, which didn't create long-term jobs.

In 2009 Obama is using only $600 billion to give universal healthcare for all, that helps people and businesses compete globally.

If 'Reconciliation' was appropriate for the Bush tax cuts, it certainly is for healthcare.

Posted by: Ohioan on April 23, 2009 at 10:58 AM | PERMALINK

Oh! Please, please, please, Republicans!! Do throw your tantrum and declare war. It will be the best thing that can happen to we Democrats come the first Tuesday in November, when we win every one of your Senate seats up for grabs, and leave you meeting in the basement men's room.

I'm already calling for the DNC, and people already see who is doing what, and they're angry enough at the Republicans to give more money - not like they did during the campaign last year, we have had an economic crisis after all - but they're giving money to be used for taking down the Republicans come 2010.

Only 540 days to go till we finally drive a stake through the Republican Party and leave it outside to catch fire in the sunlight.

Posted by: TCinLA on April 23, 2009 at 10:59 AM | PERMALINK

This is exactly why I keep saying that the filibuster is not the problem everyone makes it out to be. When you have a determined minority (not necessarily a party, just a significant coalition), everything can be shut down in the Senate, since it is a 100% consensus body. One senator can gum up the works. Forty senators can do all sorts of damage.

Just tune in when the senate tries to close out the day and Harry Reid steps up and moves ten things forward "without objection": nobody is in the chamber! It could take days to accomplish what is done in five minutes. They even have to agree on when to meet again.

But I still think that obstructionism will take a huge toll on the leadership of the minority. Eventually something will need to pass, and the minority will actually need something done. Heck, maybe after a few weeks or months of nothing getting done the news orgs will notice and report on the problem. And guess what: the republicans will fail to explain why they are obstructing, and the problem will not be cured by a tax cut.

Posted by: tomj on April 23, 2009 at 10:59 AM | PERMALINK

What a great opportunity. The Republicanites will stamp their feet, throw their feces, and re-establish their bonafides as the party of the Rich & Powerful, as in the 1930's. Let's also not forget their admiring support of Hitler (see Prescott Bush). The one thing you can always count on with them is their inability to frame any argument as other than greed based. Its their calling card, innit? Let them pound themselves silly. They're halfway there already. Onward!

Posted by: numi on April 23, 2009 at 11:08 AM | PERMALINK

"...Republicans will effectively shut down the entire lawmaking process, indefinitely...."

I am no Republican, but -- good. The fewer laws Congress passes, the better. As Mark Twain said, "Neither life, liberty, nor property is secure while the Legislature is in session."

Posted by: Bob on April 23, 2009 at 11:18 AM | PERMALINK

What's good for the goose is good for the gander.

If it is wrong when the Republicans were in the majority then it is still wrong now that the Democrats are in the majority.

I don't know what the answer is but I think it is just as wrong for the Democrats to be a bunch of hypocrits as it is for the Republicans.

Posted by: neil wilson on April 23, 2009 at 11:22 AM | PERMALINK

"On the other hand, the Republican minority is prepared to throw the tantrum to end all tantrums."

If only.

Posted by: RL on April 23, 2009 at 11:28 AM | PERMALINK

"...resort to an obscure procedure known as reconciliation to clear the way for Senate passage of a comprehensive health bill with a 51-vote majority, rather than the 60 votes that would otherwise be needed."

Couldn't this be turned around?

"...resort to an obscure procedure known as the filibuster to require Senate passage of a comprehensive health bill with a 60-vote supermajority, rather than the 50 votes that would otherwise be needed."

Posted by: Tree on April 23, 2009 at 11:28 AM | PERMALINK

In other words, if Democrats try to pass legislation the same way Republicans tried to pass legislation when the GOP was in the majority, Republicans will effectively shut down the entire lawmaking process, indefinitely.

Sure, because Dems were spineless then, so Repugs did whatever they wanted. and now they're not scared of the Dems doing the same, because Dems are STILL spineless.

Obama is a major shift towards thoughtful AND strong leadership, but electing one president didn't suddenly clean out the party of wimps. Personally, I'd like to see some major challenges to weak-kneed Dems in Congress. Where's Paul Hackett?

Posted by: eadie on April 23, 2009 at 11:30 AM | PERMALINK

Ram it through and make the GOP look more Greedy, Obtuse and Petulant than ever. The GOP is in an ever decreasing minority for the foreseeable future. No one, but unhinged right wing whackos thinks that what the Republicans are doing is a good thing. Make them wail, rant and stomp their feet....

Posted by: Nick on April 23, 2009 at 11:30 AM | PERMALINK

All this tantrum stuff being done by the GOP now is just an attempt to frame/control the debate (with the media's help). They are just trying to cause as much FUD in the media, the public, and even some Democrats' minds, in order to influence them not to use the process.

Nothing more.

Posted by: MVPOnline on April 23, 2009 at 11:39 AM | PERMALINK

This is nothing but Legislative Terrorism! If the dems give in the repubs will continue to use these tactics in the future and nothing will be accomplished. Never give in to terrorism!

Posted by: mat1492 on April 23, 2009 at 11:39 AM | PERMALINK

I have a difficult time getting worked up over what Senate Republicans threaten to do in the future. I realize that they have a past history that makes it a valid threat, but at this point I see it more as a negotiating tactic (which is the same way I see the Democrats talking about using the process in the first place.) It is more or less what a minority party is supposed to do.

Once they actually use this tactic, then they should be subject to all the scorn and ridicule that can be dumped on them ...and I would also see them getting destroyed in the next election. (I already have a hard time seeing myself cast a vote for a Republican again in my lifetime, so I may be biased.)

Outrage over this seems to be as disengenius as many of the things Republicans have been ranting about lately.

I would be more interested in information about what is currently being proposed, how it is doing in the process, and why Republicans don't like it (I'll admit there doesn't seem to be any reason other than they are Republicans right now).

Posted by: CRed on April 23, 2009 at 12:07 PM | PERMALINK

It's so sad and true about chronic patients not being able to afford healthcare. Medtipster allows you to type in your drug name, dosage and zip code to search for and locate prescription drugs that are available on discount generic programs across the United States; many of which are available for as little as $4. Prescriptions that are not available on a discounted program often have therapeutic alternatives on a discounted generic program, which are also available on http://medtipster.com/search.php

Posted by: Glenda on April 23, 2009 at 12:20 PM | PERMALINK

If Republicans make good on their threat to blow up the legislative process due to use of the reconciliation strategy by Democrats, I see that as a mostly positive outcome, (a) because it would be yet another demonstration of the craven hypocrisy that rules Republican strategy, but more importantly (b) because it would be a powerful illustration of the interests that drive the Democratic agenda versus the Republican agenda.

Extraordinary measures should be reserved for the most important needs, and this situation lays out clearly the differences between needs that Republicans view as extraordinary (tax cuts for the rich) and those that Democrats view as extraordinary (healthcare for all).

Posted by: myxzptlk on April 23, 2009 at 12:28 PM | PERMALINK

Wow, I haven't seen this many kool aid drinkers since I was in college. Socialism is alive and well in the tin foil hat wearing crowd.

Posted by: mike on April 23, 2009 at 3:05 PM | PERMALINK

Something that bothers me and doesn't seem to draw conversation. Health Insurance is not Health Care. Health Insurance sounds like another name for a new office....Sec of Health Insurance. What is the policy we may be buying here?????? What is the coverage/deductable/cost? Just color me doubtful!

Posted by: charliehorse on April 23, 2009 at 3:07 PM | PERMALINK

Lots of whining here. You'd think the leftists lost the election, from all the venom being poured out.

The GOP congresscritters and senators were elected to screw up whatever the Democrats try to do. That's their job, and is certainly no different than anything the Dems did when they were in the minority.

Good for them.

Posted by: Khadijah on April 23, 2009 at 3:17 PM | PERMALINK

1st visit to this website...and last.

you libtards are no different than the ignorant, self-hating tools over at huffington post.

your comments are so devoid of fact and intelligence, i actually get a kick out of it. pathetic, but funny.

good riddance

Posted by: james on April 23, 2009 at 4:18 PM | PERMALINK

Silly! The administration of transparency is anything but! Everything this administration has done, it has done behind closed doors. The stimulus bill...no one even got a chance to read it! Health care and these other reforms are being rammed through without any discussion of cost or the effect on the economy, now or later. Bottomline is that this administration will not have control of both chambers come mid-terms and they trying to ram all this liberal agenda through as quickly and without any meaningful debate. The American people, contrary to the AP poll do not approve of the direction of this admisinstration and the democrats are leading it. No other poll remotely sugests this, but of course, the AP is as liberal as it comes!

Posted by: GV on April 23, 2009 at 4:29 PM | PERMALINK

Funny that James left his comment in a thread (partially) about Republican temper tantrums. Who says the right can't do humor?

Posted by: short fuse on April 23, 2009 at 4:34 PM | PERMALINK

Oh, boy. For everyone that is supporting Obama's vision of universal health care, please don't start complaining when you have to wait 3 months for a medical procedure. Or, better yet, can't get one at all. Go up to Canada and ask them how they like their medical program.

The first thing that someone will do when they are forced to provide services at a price lower than the cost to produce those services, they will stop providing those services.

Spouting talking points and things you hear on TV really doesn't carry much weight when the facts completely undermine the plan.

Posted by: Justin on April 23, 2009 at 4:46 PM | PERMALINK

"please don't start complaining when you have to wait 3 months for a medical procedure. "

Thus spoke the wingnut seer of the future.

Posted by: Joey Giraud on April 23, 2009 at 5:09 PM | PERMALINK

It's good to see that the Dims still don't know the difference between a single year's income and net worth. Before long, they'll be defining the "rich" as anybody who ever got a big paycheck.

Posted by: Dimslie on April 23, 2009 at 5:16 PM | PERMALINK

hmm...lots of new goofball faces today.

The GOP congresscritters and senators were elected to screw up whatever the Democrats try to do. That's their job, and is certainly no different than anything the Dems did when they were in the minority.
Good for them.
Posted by: Khadijah

that's odd - i thought legislator's job was to pass legislation for the good of the country.

Bottomline is that this administration will not have control of both chambers come mid-terms and they trying to ram all this liberal agenda through as quickly and without any meaningful debate.
Posted by: GV

dream on. you must not be paying attention.

Oh, boy. For everyone that is supporting Obama's vision of universal health care, please don't start complaining when you have to wait 3 months for a medical procedure. Or, better yet, can't get one at all. Go up to Canada and ask them how they like their medical program.
Posted by: Justin

everything i've seen seems to say the canadians like their system just fine. they wouldn't like to pay more for worse care like the u.s. population does. i guess that makes them libtards or something.

seriously, who sent out the call for these ignorant people?

your pal,
blake

Posted by: blake on April 23, 2009 at 5:22 PM | PERMALINK

In response to comments about waiting for procedures,etc....... I know a guy who is in a rural area, the only dentist that works on kids or accepts "welfare" patients within an hours drive, He states "the first day of socialized medicine is my last day of practice" . So for what it's worth expect American health care to suck as bad as canada's soon, but hey, it was free.

Posted by: just a thought on April 23, 2009 at 5:35 PM | PERMALINK

re: just a thought's rather incoherent posting @ 5:35 PM -
I carefully read your "statement" several times and came away with:
You are acquainted with a dentist, practising in a rural area. Said dentist is the only such practitioner within an hour's driving radius who will accept children and "welfare" patients.
And said dentist threatens to quit practicing should "socialized" medicine be introduced into this country.
My response: there's probably a very good reason your friend is operating so far from all other competition, so his departure from active dentistry, should it come to that, probably won't be a great loss.
And as for those people who will be left without a dentist to go to when this Schweitzer of the swish-and-spit set takes his novocain and goes home? Well, most likely they'll get someone who actually practises dentistry because they like it and not because it's an easy way to make money.
Yet another benefit of "socialized medicine"!

Posted by: Doug on April 23, 2009 at 8:05 PM | PERMALINK

What I can't understand is this: You "individuals" who want the Democrats to use "reconciliation" forget the fact that everything has a life cycle. For years, the Republicans had no cycle, then they did, now they don't. Obama is hastening the beginning of another Republican cycle--a long one, if the comments on prosecuting the Bush administration members involved in the "torture memos" are any indication. When (not "if") we are attacked again, the Obama administration's stance on these "aggressive interrogation techniques" will be trotted out as Exhibit A in the Republicans' assertions that the Democrats have no interest in protecting the American people, and can't be trusted to do it at all. What will happen? A whole lotta Dems losing at every level of American politics. Because you can't have anything without being able to fend off outside (and inside) attacks. To entrust the national security of the United States of America to countries that President Obama is trying to "make nice" with, such as Venezuela, is stupid. But, this has to happen every generation, if only to reinforce the errors of the last generation.

Posted by: BlueStateSaint on April 23, 2009 at 8:27 PM | PERMALINK




 

 
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