August 18, 2009
THE CONTENTIOUSNESS OF CONRAD'S COUNT.... Sen. Kent Conrad (D) of North Dakota told Fox News over the weekend that there's no point in pursuing a public option as part of health care reform because it doesn't have 60 votes. "The fact of the matter is there are not the votes in the United States Senate for a public option. There never have been," Conrad added.
As we talked about on Sunday, that's almost certainly wrong. Conrad's probably right that a public option doesn't have 60 supporters right now, but that's not the right question. As a procedural matter, Conrad's point is largely wrong. If a reform bill reaches the floor, and every Democrat in the chamber agrees that the legislation should get an up-or-down vote, reform with a public option needs 50, not 60, votes.
Ryan Grim fleshed this out in more detail.
Conrad ... is presumably assuming that a bill containing a public option would need 60 votes to overcome a filibuster. But even if that is the case, not a single member of the Democratic caucus -- including Conrad himself -- has actually announced that he or she would support such a filibuster. And a few Republicans -- Susan Collins and Olympia Snowe of Maine -- might not support it either.
"Senator Conrad should leave the vote counting to the leadership," a peeved Democratic leadership aide told the Huffington Post.
The fate of the public option may very well hinge on whether Senate Democrats support or reject a Republican filibuster. If the bill gets an up-or-down vote -- in other words, if Senate Democrats agree that the Senate should be able to cast a vote for or against health care reform -- it needs 50 votes. Conrad, Nelson, Landrieu, Bayh, Lieberman, and Lincoln could all vote against reform on the Senate floor, it would still pass with votes to spare.
Senate Majority Whip Dick Durbin (D-Ill.) told his colleagues in July, "Don't let the Republicans filibuster us into failure. We want to succeed, and to succeed, we need to stick together."
It's a simple concept. The electorate has given Democrats a chance to govern, and expect them to deliver. Members of the caucus "may vote against final passage on a bill," Durbin said, but Democratic colleagues should at least reject the idea of "allowing the filibuster to stop the whole Senate." He concluded, "We ought to control our own agenda."
Sen. Bernie Sanders (I) of Vermont said something similar, arguing that senators in the Democratic caucus should feel free to vote for or against any bill, but being a member of the caucus should, at a minimum, mean opposition to Republican obstructionism: "I think the strategy should be that every Democrat, no matter whether or not they ultimately end up voting for the final bill, is to say we are going to vote together to stop a Republican filibuster."
If every member of the Senate Democratic caucus agrees that health care reform deserves an up-or-down vote, there's still a chance for meaningful reform.
—Steve Benen 10:45 AM
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Yes yes yes! I've been saying this myself: there's a bunch of Dem senators who might not favor the public option, but are they really going to have the spine to join a Republican filibuster to prevent an up-and-down vote on a popular policy supported by a president of their own party, their own leadership, and their own base ?
Bear in mind that these are mostly the same people who would never lift a finger to stop any of Bush's terrible legislation. They never had a spine then, who thinks they've grown one ?
Put them on the spot. Tell them that if they join a Republican filibuster, they'll have a well-funded primary challenger in the next cycle with Obama's support. Ask if they really want to face ads saying that they personally stopped healthcare reform.
Play a little hardball, and they'll fold quickly.
Posted by: Richard Cownie on August 18, 2009 at 10:51 AM | PERMALINK
What bothers me about this formulation is that it presumes that under ordinary circumstances (Harry Ried, cough cough) there is no liklihood that democratic senators will defer even that much to party loyalty. Its absurd that this even has to be stated. Has there ever been a situation in which the republican senators ever sided with their democratic associates on a filibuster? No, of course not. Party identity and party loyalty mean something to those mother **ckers. What is wrong with Obama, Reid, and the DSCC that they can't and won't enforce party line loyalty at the filibuster level? We've had thi sproblem, obviously, since the senators and the leadership failed to stick the shiv into Lieberman's political corpse and supported him over Lamont after he lost the primary.
aimai
Posted by: aimai on August 18, 2009 at 10:52 AM | PERMALINK
I attended an event last weekend at which Senator Lincoln spoke. While she would not commit to pushing for a public option, her commitment to reform was clear. I think she will support a bill with a public option or with co-ops, whichever gets to the Senate floor. I definitely do not see her supporting a filibuster, whichever type of bill gets to the floor.
Posted by: sceptic on August 18, 2009 at 11:06 AM | PERMALINK
Any one of "our" Senators who votes against cloture on any major issue, especially health care, should be punished with loss of any committee and subcommittee chairmanships and relegation to the least desirable committee assignments. It's time for the majority of actual Democrats in the caucus to stop coddling these fuckers.
Posted by: Steve LaBonne on August 18, 2009 at 11:09 AM | PERMALINK
Democrats better bind together and unify. the republicans are using chaos to discredit America. Democrats use your back bone. demand leadershuip from OBAMA with this issue!
Posted by: mljohnston on August 18, 2009 at 11:10 AM | PERMALINK
democratic members of the senate clown car having spines equals joining with republicans?
i dont think so.
the united states senate clown car is capable of almost any horrendous crime against nature and the gods. these big shoed, bad-haired, sexually-deviant, pompous asses are notoriously evil, incompetent and arrogantly stoopid.
they reflect nearly everything that is wrong with our society today.
just thinking about the us senate makes me throw up a little in my mouth.
Posted by: neill on August 18, 2009 at 11:12 AM | PERMALINK
I get so infuriated by the way some Senators speak of vote counts as if they were some fixed feature of the natural world, like the temperature outside. That votes are not fixed, and can be changed through debate and deal-making, is the whole point of a deliberative body like the Senate. When people like Conrad speak of the "votes" not being there in that way, it's a weaseling way of saying he doesn't want it to happen, but doesn't have the guts to take responsibility for that position. (Plus, if he can convince those around him that there's no hope of it passing, he may manage to avoid ever having to actually cast a vote for it.)
Posted by: biggerbox on August 18, 2009 at 11:14 AM | PERMALINK
Well, if I were the majority leader, I'd let it be known that any member caucus voting against cloture ever would be stripped of everything, but I'm an inflexible progressive without foreknowledge of the impending jujitsu that Obama is gonna checkmate the GOP with. Look out!
Posted by: doubtful on August 18, 2009 at 11:16 AM | PERMALINK
I think Ambinder said yesterday there is about 43 in the Senate for Pub Opt, not 50 yet.
Posted by: crw on August 18, 2009 at 11:24 AM | PERMALINK
"When people like Conrad speak of the "votes" not being there in that way, it's a weaseling way of saying he doesn't want it to happen, but doesn't have the guts to take responsibility for that position."
Absolutely! He doesn't want to take responsibility
for *anything*. If someone isn't even prepared to come out and say publically what they personally think on the issue, then it seems to me a pretty safe bet that they aren't going to take the extreme step of supporting a Republican filibuster. They want to sit on the fence. And getting them to vote for cloture, but then vote against the bill, should suit their purposes just fine: if the reform turns out to be a success, they'll claim credit for the cloture vote; if it turns out to be unpopular, they'll say "don't blame me, I voted against it".
Posted by: Richard Cownie on August 18, 2009 at 11:24 AM | PERMALINK
The mantra "Give the President an up-or-down vote" worked pretty well for the Republicans, didn't it, and they didn't have a 60-vote majority. Now if only we knew what plan the President was supporting.
Posted by: David in NY on August 18, 2009 at 11:26 AM | PERMALINK
It is about power, not fairness. Without a meaningful penalty for obstructing your party's goals, waffling on cloture may enhance your power position within the group. This allows you to extract further concessions on this or other future bills.
Posted by: qwerty on August 18, 2009 at 11:36 AM | PERMALINK
It doesn't make much sense to count votes now--before Obama and the congressional leadership begin to apply the buttons and levers of their power. I seem to remember doom and gloom predictions for each of Obama's signature legislative measures. This disposes me to have faith, help where I can, and shut up and be patient.
Posted by: frank H. Logan on August 18, 2009 at 11:42 AM | PERMALINK
Every time Conrad or one of the Dem senators comes out against a public option, I shout at the teevee, "Fine, let's take away YOUR public option!"
Hypocrites.
Posted by: grrrrrrrrr on August 18, 2009 at 11:52 AM | PERMALINK
Look, these guys like Konrad are bought and paid for subsidiaries of the insurance corporations. Their bosses know that if it comes to a vote, the insurance companies lose, so they aren't going to allow their puppy dogs to support cloture. So, yes, we do need 60 votes because to these slimy creatures, their pay masters are more important than their constituents.
Posted by: Texas Aggie on August 18, 2009 at 12:18 PM | PERMALINK
So did Kent Conrad actually thank the Democrats around the country who gave Senate Democrats a majority and made Sen Conrad a Committee Chair and all the more powerful?
It's stunning that he would benefit from all of our efforts and then a) cater to Republicans and b) undercut Democrats from whose many efforts he benefits.
That's some kind of gratitude for ya!
After many years, I am soooo done being a member of the Democratic Party. Screw them before they screw you.
Posted by: AlphaLiberal on August 18, 2009 at 12:23 PM | PERMALINK
The 60 vote fetish, as though Ben Nelson and the other Blue Dogs can be relied on.
Posted by: zak822 on August 18, 2009 at 2:30 PM | PERMALINK
Let's say the bill has a simple public option: if you are denied coverage by three insurance companies, you can apply for a Medicare card at a set price.
Would and Dem Senator vote to leave debate open on that?
Posted by: abc on August 18, 2009 at 10:29 PM | PERMALINK
I think the main concern about 60 votes is that Sen. Kennedy may not be able to vote and then there are only 59 votes even if all other Dems go along. Of course, he might be able to make one final dramatic appearance for this purpose, in which event I find it hard to believe any other Dem would vote against cloture.
Posted by: gregspolitics on August 19, 2009 at 11:31 AM | PERMALINK