Editore"s Note
Tilting at Windmills

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August 20, 2009

THE MISGUIDED EVOLUTION OF THE 'NUCLEAR OPTION'.... Fox News' Mike Emanuel, reporting from the White House this morning, told viewers that Democrats are "considering the nuclear option" to pass health care reform. He was referring to the reconciliation process, subjecting at least part of reform to an up-or-down vote.

It was an odd choice of words, but it's become increasingly common. Josh Marshall noted yesterday, "Seems like only a few years ago the 'nuclear option' was abolishing the filibuster. Now it's just pushing through a health care bill without Chuck Grassley?"

That's about the gist of it. On Monday, CNN's Anderson Cooper called reconciliation the "nuclear option." CNN's Kiran Chetry used the identical phrase yesterday morning. Fox News' Bill Sammon, Dick Morris, and Sean Hannity all described reconciliation as the "nuclear option" earlier this week.

It's a rather dramatic rhetorical escalation. Just a couple of months ago, former Senate Republican Leader Bill Frist said Senate Dems can certainly pass health care reform through the reconciliation process. He told radio host Bill Bennett, "[Reconciliation is] legal, it's ethical, you can do it." Indeed, Republicans, when they were in the majority, used reconciliation with some regularity.

But that was then. Now, Republicans and political reporters are describing reconciliation as the "nuclear option" as a way to make it seem as if reconciliation is some kind of outrageous abuse of the legislative process. It's meant to remind political observers of the time Republicans planned to eliminate judicial filibusters through an outrageous abuse of the legislative process.

They're actually opposites. When Senate Republicans crafted the real "nuclear option" in 2005, the idea was to change the rules in the middle of the game. The Senate can change its rules with 67 votes, but Trent Lott & Co. thought they'd try it with 51 votes. Senate Dems, at the time, threatened all-out political war over this, which is why Lott referred to his underhanded scheme as the "nuclear option."

Reconciliation, in contrast, is part of the existing Senate rules. No one's talking about changing anything -- just following the process that's already in place.

Thomas Mann, Norm Ornstein, and Molly Reynolds -- hardly reflexive partisans -- recently said it would be "perfectly reasonable for Democrats to use the process for health care reform that both parties have used regularly for other major initiatives." Given that many recent uses of reconciliation have come from Republicans, it's hardly an unjust conclusion.

There's nothing "nuclear" about it.

Steve Benen 11:10 AM Permalink | Trackbacks | Comments (36)

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Comments

all soap opera in that report.

and dont get me wrong, allan -- being NOT-BUSH-CHENEY is pretty cool, after 8 years.

but i'd just like to see some, you know, change...

Posted by: neill on August 20, 2009 at 11:13 AM | PERMALINK

The glory of being a Republican and a noble! You can spout whatever lies and nonsense you care to, and the peasant reporters repeat it like monks repeating a chant.

Posted by: Midland on August 20, 2009 at 11:13 AM | PERMALINK

Don't forget that after they started calling it the "nuclear option", and the press picked up on it, they started blaming the Democrats for the choice of phrase.

Posted by: fleconomist on August 20, 2009 at 11:23 AM | PERMALINK

It's time for Robert Gibbs to quit pretending the the corporate-controlled media is unbiased and to administer a public smack down.

Gibbs should call for CNN White House correspondent Ed Henry to stand up and then ask him if he can explain the reconciliation process, pressing him to admit that it is within the Senate rules. Then he should ask Henry if he remembers that Frist said that using the reconciliation process was legitimate and if he remembers that Republicans used reconciliation when they were in charge and the media said nothing.

Then Gibbs needs to ask Henry why, given all these facts, if there's a possible reason that CNN's top talking head is calling reconciliation a nuclear option other than that Cooper is in the tank for the Republicans?

Then Gibbs should ask Major Garrett, the Fox White House correspondent to stand. After making Garrett stand there for several uncomfortable seconds, Gibbs should shake his head and say, "Never mind. You guys don't even pretend anymore."

I know . . . but it's a pleasant fantasy.


Posted by: SteveT on August 20, 2009 at 11:29 AM | PERMALINK

I think we're all confusing the Nukular option with the Nuclear option...

Posted by: TonyB on August 20, 2009 at 11:30 AM | PERMALINK

Steve Benen wrote: "It was an odd choice of words ..."

Equally odd is your use of words like "misguided" and "confused" to describe deliberate dishonesty.

Posted by: SecularAnimist on August 20, 2009 at 11:30 AM | PERMALINK

i dont know who those guys are, steveT, but sounds good to me... probably do a lot of good for gibbs to initiate at least a weekly quiz for the white house press corps -- and find out, hey, they're all chaff...

Posted by: neill on August 20, 2009 at 11:32 AM | PERMALINK

In days of yore-circa Cronkite- NEWSmen stopped at the wireservices teletype on the way to their desks.

Now they pause at the fax machine for the day's buzzword. . .

Posted by: DAY on August 20, 2009 at 11:38 AM | PERMALINK

This is 1984-worthy distortion. THE nuclear option refers to a singular process. This is it; this is the one.

If they had said A nuclear option, well that's wrong. But using THE buries every other meaning. It's as if this was what the nuclear option had always meant. As in "We've always been at war with Eastasia." These whores are complete assholes.

By the way--what Matt Taibbi says--that if the media whores were completely brought and paid for shills for corporate interests, if they were, then this is precisely how they would act.

Posted by: Raenelle on August 20, 2009 at 11:39 AM | PERMALINK

I understand your point. However, I take 'nuclear' to mean 'extreme'. The notion of the extreme requires context... You, understandably, look to history to provide context whereas the press does not. The press instead is responsive to the expectations set by the current players. The GOP wages political war and takes action when they have power. The Dems do not. For the Dems, any forceful action would be extreme... And in the parlance of the press 'nuclear'. The Dems could change this story by actually wielding the power they have.

Posted by: Jackifus on August 20, 2009 at 11:46 AM | PERMALINK

In essence, it's little more than a legislative death panel!

Posted by: bdbd on August 20, 2009 at 11:47 AM | PERMALINK

Once again, the GOP smear machine gets out in front with a caustic phrase, and the Democrats are left scrambling to recover momentum. It's time to push back, hard, against these tactics.

Posted by: andrew on August 20, 2009 at 11:52 AM | PERMALINK

Quite honestly, I wish Dems WOULD use the nuclear option and get the hell rid of the idiotic filibuster. Otherwise, we're stuck with the GOP dominating the discussion and legislative calendar.

Maybe then we'd also get all that change President Hopey and Dems in Congress promised us.

Posted by: Mark D on August 20, 2009 at 11:53 AM | PERMALINK

Sheeminey, if that's what they call "nuclear," what're they gonna call what Henry Waxman just did?

GO, Henry!

Posted by: lotus on August 20, 2009 at 11:53 AM | PERMALINK

The uninformed commentors on this site are totally lacking in knowledge!

All of these comments seem to indicate that you believe that we republicans and our corporately owned media are engaging in a double standard.

It is absolutely false to say that we have a double standard! We (and our corporate media) have a standard for the democrat party. We have no standards for the republican party, other than don't get caught with a young boy in your bed!

Posted by: RepublicanPointOfView on August 20, 2009 at 11:54 AM | PERMALINK

Um, 2005 was the 'nukeyular' option. Totally different.

Posted by: short fuse on August 20, 2009 at 11:54 AM | PERMALINK

For my own self-education, can anyone provide a list or link to the times when the Republicans successfully used reconciliation during 2001-7? TIA, I'm genuinely curious.

Posted by: slappy magoo on August 20, 2009 at 12:03 PM | PERMALINK

dip thunk:

waxman would maybe make good pick for obama's turdblossom...

Posted by: neill on August 20, 2009 at 12:03 PM | PERMALINK

Someone is surprised that the Cretins' News Network is echoing Faux Snooze???

Posted by: TCinLA on August 20, 2009 at 12:12 PM | PERMALINK

Neither of the things discussed is the "nuclear option".

The nuclear option is the threat to filibuster every single thing the senate does and not let anything go through.

This is what Senate Democrats threatened during the Bush administration as a RESPONSE to what Republicans were proposing: forcing through a change in the rules of the Senate so that all judicial nominees got an up or down vote.

The media redefined the nuclear option then and they are getting it even more wrong now.

Posted by: Vondo on August 20, 2009 at 12:17 PM | PERMALINK

Going thermo

They call it the thermonuclear option if they want.
All that matters is the Dems show some guts and press the button...

Your morning aphorism

Don't let Chicken Little cow you with his chickenshit...


Posted by: koreyel on August 20, 2009 at 12:25 PM | PERMALINK

Dems need a Senator to advocate loudly for elimination of the filibuster so Reid can go on TV and say "I don't agree with my friend Senator Crazyee on the 'nuclear option' solution, but he points to a real problem with GOP intransigence -- a more reasoned approach would be to use two bills and reconciliation."

That would fix both ends and would establish Reid in the middle, causing David Broder to fall in love with him.

Posted by: scott_m on August 20, 2009 at 12:29 PM | PERMALINK

God I hate the Media. God I hate political "reporters". God I hate our political discourse. God I hate Republican hypocrites and liars.

Did I miss anything?

Posted by: ckelly` on August 20, 2009 at 12:32 PM | PERMALINK

Please email this to all the dunderhead reporters you mentioned.

how much you want to bet there was an RNC press release calling this the nuke option? Lazy reporters!

Posted by: AlphaLiberal on August 20, 2009 at 12:34 PM | PERMALINK

The nuclear option is the threat to filibuster every single thing the senate does and not let anything go through.

No, that's not right. It refers to having the presiding officer of the Senate (the VP or President Pro Tem)declare the filibuster unconstitutional, which, by the arcane rules of the Senate, could be approved by a simple majority of the Senate (rule changes usually require 2/3). See here.

Posted by: Mark S. on August 20, 2009 at 12:37 PM | PERMALINK

Fragging the Insurance CEOs

Yes ckelly you did...
You forgot to click on Lotus's link and say:

But I do love Henry Waxamn!

I've been wondering and writing about this for a week:

Given the current hostility towards CEO pay and bonuses, why haven't we gone after the salary and bonuses and perks of the Insurance Company Bigs?

It's about frigging time....

Posted by: koreyel on August 20, 2009 at 12:40 PM | PERMALINK

vondo

Perhaps you were still a little too young and/or uninformed, but the term "nuclear option" was coined by Trent Lott to describe their threatened (and seriously contemplated) plan to make a motion abolishing the Senate rules allowing a filibuster in this case, and having the President Pro Tem, Dick Cheney, rule in favor of rescinding the filibuster.

So, how could the Democrats threaten then to filibuster every piece of legislation (what you claim is the "real" meaning of the "nuclear option") if the rules were changed to prevent filibuster?

Huh?

Posted by: colonpowwow on August 20, 2009 at 12:46 PM | PERMALINK

I have wondered for years what the point is of having Senate rules that require 67 votes to change, if the presiding officer can change them with the concurrence of 51 members. It must be part of the Senate's arcane procedures that we are all so much in awe of, like the one that allows a single and often anonymous member to hold up action on a popular measure because he's wetting his pants on an entirely separate matter.

This kind of stuff wouldn't be allowed on a kindergarten playground.

Posted by: tamiasmin on August 20, 2009 at 12:56 PM | PERMALINK

Each Senate makes its own rules. So there is not really a rule that 67 Senators are required to make rule changes. The Senate could at any point decided that only 51 senators are required to make a rule change.

The reason for this is that previous Senates don't get to tie the hands of future Senates. Otherwise, a party that is about to lose its majority could make pernicious rule changes and pass a rule that 99 senators are required to undo the new rules.

Posted by: Rob Mac on August 20, 2009 at 1:05 PM | PERMALINK

I think we're all confusing the Nukular option with the Nuclear option...

Posted by: TonyB

LOL Good one, Tony. I was just about to post that idea too.

Posted by: Dale on August 20, 2009 at 1:06 PM | PERMALINK

The CongDems and Obama should do whatever they CAN do unilateraly and let the battle be about that. The Reps are going to fight nasty anyway so give them something to fight about.

Posted by: Dale on August 20, 2009 at 1:08 PM | PERMALINK

Every time the "Nuclear option" is defined by the person using the phrase as "51 votes", God kills nine kittens and tries to make you gay.

Really.

Posted by: KilgoreTrout XL on August 20, 2009 at 1:13 PM | PERMALINK

Thank you, Rob Mac. That makes sense.

But the question remains why any particular Senate makes a rule requiring a supermajority for rule changes that can be overridden by a simple majority.

Posted by: tamiasmin on August 20, 2009 at 1:14 PM | PERMALINK

I thought it had been Bill Frist renamed it "the constitutional option".

Posted by: J. Frank Parnell on August 20, 2009 at 1:39 PM | PERMALINK

You want to see what the nuclear option is? Just fail to stop predation by health-insurance parasites. If the parties again betray terminally-ill bankrupts and their destitute widows and orphans, only roaches will survive the response.

Posted by: nuclear winter on August 20, 2009 at 6:41 PM | PERMALINK

Both the filibuster and "the hold" are unconstitutional. It's majority rule, not fiat.

Posted by: Bob Johnson on August 21, 2009 at 1:46 PM | PERMALINK
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