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Reconciliation And The Health Bills

The new Village Dem offensive (to be clear I am fine with it) is to portray the use of reconciliation as incidental to the passage of the whole of the health bills. The argument goes the Senate passed a bill with 60 votes and the House passed a bill so ironing out the differences through reconciliation is normal. Indeed, it is precisely what reconciliation was designed for. See Henry Aaron's tip of the spear article (PDF). Aaron wrote:

The idea of using reconciliation has raised concern among some supporters of health care reform. They fear that reform opponents would consider the use of reconciliation high-handed. But in fact Congress created reconciliation procedures to deal with precisely this sort of situation — its failure to implement provisions of the previous budget resolution. The 2009 budget resolution instructed both houses of Congress to enact health care reform. The House and the Senate have passed similar but not identical bills. Since both houses have acted but some work remains to be done to align the two bills, using reconciliation to implement the instructions in the budget resolution follows established congressional procedure.

This is more than a bit disingenuous. Conference reports are the usual way House and Senate bills are "reconciled," not companion reconciliation bills. After all, before Scott Brown won in Massachusetts, there was not going to be a reconciliation bill. More . . .

What is happening now is more akin to the Schumer plan of splitting the bill into parts that could be passed by reconciliation and those that required regular order. The Schumer plan was much derided by the Village Dems. Now by necessity it is being sold as perfectly normal. It isn't. It is however perfectly compliant with the Senate rules. Just as the Schumer Plan was.

Of course, in service of a political or policy goal, all advocates will make the best argument they can to forward their objectives. And I am all for that. But Aaron's argument on reconciliation being designed just for this type of scenario is well, silly and not true. Here is the better argument Aaron presents:

[C]oming from Republicans, objections to the use of reconciliation on procedural grounds seem more than a little insincere. A Republican president and a Republican Congress used reconciliation procedures in 2001 to enact tax cuts that were supported by fewer than 60 senators. The then-majority Republicans could use reconciliation only because they misrepresented the tax cuts as temporary although everyone understood they were intended to be permanent — but permanent cuts would have required the support of 60 senators, which they did not have.

The American People do not care about the filibuster, reconciliation, Senate comity or any of that crap. They care about results. If the Senators want things to say that make them feel better - fine. But do not for a moment believe any of this is meaningful to anyone outside of the Beltway.

Speaking for me only

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  • Display: Sort:
    There isn't a doubt in my mind that, (5.00 / 3) (#4)
    by Anne on Sat Feb 27, 2010 at 11:17:57 AM EST
    if Republicans were in charge in both Congress and the WH, they would not hestitate to use this procedure.  And while it is a stretch to imagine the GOP trying to do health care reform, I also have no doubt that if they had, it would have been bing-bang-boom-done before the 2009 August recess.

    Whether one should support the substance of what is on the table is another thing altogether, as we know.  

    Going back to the 2007 Congress and moving forward, the Democratic caucus has been like a jar of marbles spilled on the floor and scattering in every conceivable direction; with little unity and their penchant for always allowing themselves to be held hostage to their intra-party minority factions - and now being hell-bent on bipartisanship with Republicans who are just using that to get whatever they want -  they have squandered their power in fairly spectacular fashion - but that pretty much follows from spectacular failure of leadership.

    Watching them contemplate jamming a square peg into a round hole, and be utterly confused and befuddled about how to do it is just too pathetic for words; I wonder what it would be like to have confidence in the Democratic Congress, not to mention the WH?

    There is always the option (none / 0) (#6)
    by BTAL on Sat Feb 27, 2010 at 11:37:24 AM EST
    to sub-contract it out to the professionsals (R's).

    ;-)

    Parent

    LOL (none / 0) (#13)
    by cal1942 on Sun Feb 28, 2010 at 01:27:57 AM EST
    The Rs?

    LOL

    Parent

    Ha ha, Senator Vitter might go for that n/t :o) (none / 0) (#16)
    by beowulf on Sun Feb 28, 2010 at 03:17:25 AM EST
    I don't know (none / 0) (#19)
    by Socraticsilence on Sun Feb 28, 2010 at 05:01:09 PM EST
    if we got Vitter he'd have to resign- remember its only okay to use Prosititutes when you're a Rep.

    Parent
    The Schiavo legislation (none / 0) (#8)
    by MKS on Sat Feb 27, 2010 at 11:48:19 AM EST
    shows how efficient Republicans can be in enacting their agenda--even when very unpopular. Some 60-70% of the American people opposed that legislation and yet the Republicans jammed it through in record time with Bush signing it in the dead of night.  

    Parent
    And Bush and the Republicans (none / 0) (#9)
    by MKS on Sat Feb 27, 2010 at 11:51:07 AM EST
    continued to prosecute a very unpopular war in Iraq....

    Many Democrats may lose their seats with or without health care legislation being passed.  Might as well do the right thing....and maybe even showing some guts will help them win re-election....

    Parent

    Squandered Opportunities (none / 0) (#21)
    by norris morris on Sun Feb 28, 2010 at 05:09:33 PM EST
    Yes, both in leadership and legislation Democrats have failed to take the initiative and have squandered their mandated opportunity to lead and make law.

    Faux bipartisanship efforts, hestitation and infighting cost Dems to lose the power that was in their hands.    Both Obama's dithering and backroom deal making- and  fractious and uncontrollable Democrats managed to cannabalize themselves even with the advantage of being the majority.

    They can't do it without sure  unwavering  leadership when all they got was compromise
    and no realdirection from the top.

    Parent

    Uh..... if it is normal and usual (none / 0) (#1)
    by jimakaPPJ on Sat Feb 27, 2010 at 10:38:10 AM EST
    why isn't it used every time?

    The voters are far too smart for such arguments. And yes, they do care about process as evidenced by their acceptance of the judicial process that can take years to right a wrong.

    If the Demos can pass the Senate Bill in the House, something that is far from a given, then they may "reconcile."

    They should then reconcile themselves to massive losses in November. I think the House members know that.

    Have to agree with BTD that average people (5.00 / 2) (#3)
    by MO Blue on Sat Feb 27, 2010 at 11:16:51 AM EST
    don't care a lot about the process. They just want the government to do something to solve the problems facing them at this time.

    IMO the majority are in a very ant-incumbent mood because they are tired of the members of Congress of both parties strutting around like peacocks and sucking on the corporate teat. They can only agree on legislation that helps their corporate sponsors and the rich who fill their campaign coffers.

    Of course, the Dems have not IMO helped themselves by promoting health insurance legislation that spits on members of their own base, does nothing to actually health care costs and many feel benefits the industries which are causing much of the  problem.

    Parent

    That's is a powerful, if mixed image: (5.00 / 1) (#5)
    by oculus on Sat Feb 27, 2010 at 11:36:22 AM EST
    strutting like peacocks and sucking.

    Parent
    Rochard test? (none / 0) (#10)
    by Rojas on Sat Feb 27, 2010 at 11:55:32 AM EST
    I read it as concise.

    Parent
    Rorschach, I presume. (none / 0) (#11)
    by oculus on Sat Feb 27, 2010 at 01:49:56 PM EST
    never trust google (none / 0) (#12)
    by Rojas on Sat Feb 27, 2010 at 06:59:33 PM EST
    Voters (none / 0) (#15)
    by cal1942 on Sun Feb 28, 2010 at 01:43:16 AM EST
    want results, period.  They don't give a damn how.

    Voters aren't happy at all that it may take years to right a wrong.

    Don't know where you got that silly idea, except perhaps in the Conservative Movement's dependence on fantasy and wishful thinking.

    I'm confidant that if the shoe were on the other foot you'd make the opposite argument.

    Parent

    So true (none / 0) (#20)
    by Socraticsilence on Sun Feb 28, 2010 at 05:02:38 PM EST
    after all remember the Dem landslides in 2002 and 2004 in response to the Reconcilation being used to pass the Bush tax cuts.

    Parent
    Before Scott Brown? (none / 0) (#2)
    by Demi Moaned on Sat Feb 27, 2010 at 11:11:43 AM EST
    before Scott Brown won in Massachusetts, there was not going to be a reconciliation bill

    I'm not convinced. Despite all the fuss I don't think Brown materially altered the picture. Even had Coakley won, I don't see that there were 60 votes for the necessary revisions.

    Nelson has said (none / 0) (#7)
    by MKS on Sat Feb 27, 2010 at 11:45:12 AM EST
    he would have left the team and tried to extract even more concessions....

    Parent
    Nelson? (none / 0) (#22)
    by norris morris on Sun Feb 28, 2010 at 05:15:34 PM EST
    Why is this conservative senator from a small state have any power?

    Because we have no leadership and a cruddy group of elected pols who are mostly cowards.

    Nelson would be toast had there been leadership. Buy his vote? Forget it. Democrats dithered along with their president instead of moving ahead and rejecting suffering from this backward Dog with a small constituency.

    Amateurs.

    Parent

    Absolutely true (none / 0) (#14)
    by cal1942 on Sun Feb 28, 2010 at 01:36:40 AM EST
    The American People do not care about the filibuster, reconciliation, Senate comity or any of that crap. They care about results. If the Senators want things to say that make them feel better - fine. But do not for a moment believe any of this is meaningful to anyone outside of the Beltway

    Hard evidence that the Village, long ago, lost track of its proper mission.

    Palast article on Obama healthcare deals (5.00 / 1) (#17)
    by beowulf on Sun Feb 28, 2010 at 04:09:51 AM EST
    I missed it at the time, but I just came across (at correntwire) Greg Palast's account last August of the White House's deal with Phrma and the hospital association.
    http://www.gregpalast.com/obama-on-drugs-98-cheney/

    Government estimates of National Health Expenditures (that is govt. and private spending combined) over the next decade state that $3.6 trillion will be spent on pharmaceuticals.  The "$80 billion in savings" Obama negotiated, in other words, are a 2% reduction from this estimate of future spending.  In exchange, the President promised to continue the ban on Medicare drug price negotiations (The VA system negotiated a 40% discount).

    The hospital deal is even worse.  The $155 billion in 10-year savings from the estimated $26 trillion in NHE hospital expenses over that period are a 1/2 of one percent cost reduction.  In exchange for this deal (talk about peppercorn consideration),  the White House agreed to sabotage the public option-- no government plan paying Medicare rates or under the jurisdiction of the HHS Secretary.  Of course DoD's Tricare system isn't controlled by HHS, but I digress.
    http://www.nytimes.com/2009/08/13/health/policy/13health.html?_r=1&pagewanted=all

    Consider this, if the estimated NHE hospital costs  were cut by 10% (say, by equalizing low Medicare rates and high private insurance rates), the $2.6 trillion in hospital savings alone would pay for the Senate healthcare bill 3 times over.

    Parent

    In other words regarding the deals... (none / 0) (#18)
    by BTAL on Sun Feb 28, 2010 at 08:26:18 AM EST
    "Let me just make this point, John, because we're not campaigning anymore. The election's over," Obama said.

    "I am reminded of that every day," McCain replied, laughing. Obama did not share the amusement.

    "Can I just say, Mr. President, that the American people care about what we did and how we did it," McCain followed up.

    "We can have a debate about process or we can have a debate about how to" pass health care and help the American people, Obama replied.

    YMMV

    Parent

    I"m glad McCain got Obama's (none / 0) (#24)
    by observed on Sun Feb 28, 2010 at 07:34:43 PM EST
    goat. Nice article by Palast too.

    Parent
    Absolutely True Is Right (none / 0) (#23)
    by norris morris on Sun Feb 28, 2010 at 05:16:39 PM EST
    You are absolutely correct.

    Parent
    reconciliation with no public option? (none / 0) (#25)
    by jedimom on Mon Mar 01, 2010 at 11:49:16 AM EST
    heh