December 8, 2009
AN UNLIKELY GAME OF 'PING-PONG'.... Those who've been following the health care reform debate know what to expect in terms of procedure. If all goes well, the Senate will overcome a Republican filibuster and pass a bill. It will then go to conference, where leaders from both chambers will work out their difference. From there, it would get a final vote in the House, and, after overcoming another Republican filibuster, a final vote in the Senate. Then, on to the White House for a signature.
At least, that's the likely procedural scenario. Over the last few days, there's been some talk about expediting the process by bypassing the conference committee -- and in the process, skipping one of the two key Republican filibusters -- through what's called the "ping-ponging" process.
There is increased chatter on Capitol Hill about a possible "ping-ponging" of the Senate health care bill: that chamber would pass its health care bill, send it to the House and the House would be asked to pass it with no changes and send it directly to the president.
That limits the options of congressional critics -- under the usual procedure, lawmakers dissatisfied with the bill pushed through their chamber can win changes through adroit political maneuvering in conference committee negotiations.
"It's the only scenario by which we could actually get this whole thing done before the New Year. The House has indicated they'd consider it, depending on what the final bill looks like over here after we finish with the sausage-making," said a senate Democratic aide involved in the health care fight.
I find this interesting, largely as an intellectual exercise, but I find it exceedingly unlikely to happen. Indeed, House liberals are already balking at some of the proposed compromise measures, making it that much less likely the chamber would accept the entire Senate bill at face value.
That said, if Dems were going to pursue this, it's not impossible. Senate Majority Leader Harry Reid (D-Nev.) would need to start coordinating with House leaders -- a step that, by all appearances, hasn't happened -- and incorporating House provisions into a catch-all "manager's amendment." In effect, the negotiations that would occur during a conference committee would occur now, in the hopes of saving time.
If the Senate bill could be sufficiently tweaked to satisfy a House majority, then "ping-ponging" the bill to the president's desk remains a possibility, as is the chance to actually sign the bill into law before the end of the calendar year.
I wouldn't count on it -- in fact, since it would effectively require the House to cede much of its role, I'd bet against it -- but it's an angle to keep an eye on.
David Waldman, who knows more about procedural issues than I do, has more about how all of this could/would work.
—Steve Benen 4:40 PM
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It's the only scenario by which we could actually get this whole thing done before the New Year.
--A Senate Democratic aide
Bullshit.
A real, likely-to-actually-help-people bill could have been passed through reconciliation. Congressional Dems, however, lacked the guts to go that route, fearful that the media may not like it.
Instead, here we are, it's nearly New Years, and a minority party that voters historically rejected -- TWICE IN TWO YEARS -- is managing to still run our government for all intents and purposes. And that includes putting onerous and destructive amendment into any and every bill.
Our legislative system is stupid.
Posted by: Mark D on December 8, 2009 at 4:43 PM | PERMALINK
Sadly, the latest news is that many Dems will go along with replacing true Public Option with a managed private access like the Legislators have, and subject even that gruel to "opt out"! A majority, and they still have to grovel like that ... Just weaklings, or too much lobby money? What can we do?
Posted by: delver on December 8, 2009 at 4:45 PM | PERMALINK
The below VIDEO - Can We Save the World Economy - should be Required watching by every thinking person, so that we and future generations will never have to experience this theft again! Speakers: George Soros, Nouriel Roubini and Jeffrey Sachs, Director of Earth Institute
http://www.earth.columbia.edu/worldeconomy/
Posted by: angellight on December 8, 2009 at 4:53 PM | PERMALINK
The conference vote is a chance for the House to exert at least some pressure on the direction of the bill. So if we do the pingpong thing then this will reduce the extent to which the final bill looks like the House version. No? I think if you gave basically anyone on the left the choice between "a bill which looks slightly closer to the House than the Senate version" and "a bill which passes this year" they'd pick the first.
Mark D: I don't think you've looked into this very much. "Reconciliation" has all kinds of insane problems, starting with a man you've never heard of named "Alan Frumin" who just happens to hold an obscure position called "Senate Parlimentarian" getting a line item veto over the whole bill. What I'd very much like to see investigated is the public option being broken off from the main bill and passed alone through reconciliation, and I don't know of any reason we couldn't do that, but passing the whole bill through reconciliation is incredibly dangerous and something that wouldn't and shouldn't be considered unless there were literally no other alternatives.
Posted by: mcc on December 8, 2009 at 5:06 PM | PERMALINK
I agree with Mark D (above) except at this point, I have to wonder if it's lack of guts or just lack of genuine interest and concern. Bush's tax cut was reconciliation; why would they fear the media? That's all they have to say. Not enough of them really want to change healthcare; not enough of them really get how serious the problem is.
But they are politically stupid, too. The Democratic party had another New Deal opportunity this year to make the Congress Dem for a generation, but they have blown it. Their failure to understand what's going on for the people will cost them this political opportunity and will sadly cost America this opportunity to make needed changes.
Posted by: Sagacity on December 8, 2009 at 5:39 PM | PERMALINK
Sagacity: Again, like Mike D you're talking about reconciliation because it's some cool thing you heard about on a blog but don't appear to have put into any effort into learning what it is or how it works. Bush's tax cut was a purely budgetary item; the reconciliation process is designed for use with budgetary items. Passing something like a tax cut through reconciliation is procedurally easier and less risky than passing a 2000-page health care reform bill.
Meanwhile, passing the Bush tax cuts through reconciliation came at a heavy cost for the Republicans. You know how you sometimes hear about the Bush tax cuts "expiring" or the Republicans pushing to have the Bush tax cuts "made permanent"? The only reason we hear about these things is the reconciliation process, because in order to satisfy one of the funny rules for when reconciliation can be used they had to put a 10-year sunset clause on the tax cuts. Fitting the health care bill into reconciliation would potentially require similar sunset clauses and other ugly changes.
Reconciliation is something to be avoided at all costs. The only reason the Bush Republicans used it was they literally had no alternative. The Democrats won't use it either unless it reaches the point that they literally have no alternative.
Posted by: mcc on December 8, 2009 at 6:43 PM | PERMALINK
It's quite incredible to me that people are acting like this never happened before. Not only has it, but it happened THIS YEAR, on the credit-card bill. And House liberals ate a measure to allow guns in national parks.
http://news.firedoglake.com/2009/12/07/remember-the-words-ill-fix-it-when-it-gets-to-conference-committee/
Posted by: dday on December 8, 2009 at 6:54 PM | PERMALINK
This tactic might also confound Lieberman, who clearly intends to appear "in-play" until the last possible vote, then change parties and become the Republican "hero" who blocks it.
But I'm not sure I care about this bill anymore. Obama has missed his chance to define what needs to be done, and it might be better to waste another 5% of our GDP on the current private system until its collapse forces genuine change. Only a few million people will have to suffer; a small price to pay for our senators to preen about their "relevance".
Posted by: ElegantFowl on December 8, 2009 at 8:52 PM | PERMALINK
I don't see how anything like where the Senate bill is heading could pass the House.
Posted by: Joe Friday on December 8, 2009 at 8:59 PM | PERMALINK
Census year coming up. Your posts show it in their caution. This one is a good example.
You're still one of the best writers, but you've become too careful. Watch it or you'll get stuck.
Posted by: NealB on December 9, 2009 at 12:15 AM | PERMALINK
And here's what the health care DC insiders think:
Insurance industry insider: 'We win'
With the Senate shifting sharply away from a "pure public option," an insurance industry insider who has been deeply involved in the health care fight emails to declare victory.
"We WIN," the insider writes. "Administered by private insurance companies. No government funding. No government insurance competitor.”
Link here:
http://www.politico.com/blogs/bensmith/1209/Insurance_industry_insider_We_win.html
Posted by: Glen on December 9, 2009 at 4:30 AM | PERMALINK
There should be a Mechanism put in place that Senators can be Recalled by the people in the states they are supposed to represent.... It is very disappointing to see the Power the Insurance Companies have on many senators in the Senate. There is not much we can do at this time but take what we can and cut our losses and not fail to remember Who those Senators were/are who care more for the Insurance Companies than the people they represent, and Vote them out come their turn to run again. There must be retribution for their failure to do what is right for the people. However, I do believe Sen Reid had the power to do a Reconciliation and I am disappointed that he did not have the Courage to take that road! They had a chance to do something Nobel, right and meaningful and because of a Few bad apples, the dream cannot be materialized. If we let them, the GOP and the Conserva-Dems will not only destroy the United States (guns and outsourcing jobs), they will destroy the world (climate change and love of wars). These enemies of the people are not Noble in otherwords -- they are not trustworthy, they are not lovers of humanity and they are the slaves of their cheating, deception and greed!
[Blackbird/Commenter on Alternet] "I live left the US about 7 years ago and live in Scandinavia. I have to say that socialized medicine is fantastic. Everyone gets treated, including nasty foreigners like myself. I love that I don't have to worry about it. The doctor is free, the hospital is free. Medicine is very cheap. My kids get free dental until they're 18. But even having to pay for dental is still pretty cheap. It's just great to not have to worry. It's too bad that americans are so easily frightened by words like socialism, because in reality, the whole idea is that everyone, regardless of their social or financial status, should have access to decent healthcare. I'm sure glad to live in a country which puts the welfare of its residents above the profits of industry. Socialized medicine works."
http://www.alternet.org/
Posted by: angellight on December 9, 2009 at 8:02 AM | PERMALINK