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Posts Tagged ‘Reconciliation Bill’

Dems Complete Nullification of Scott Brown’s Election Via “Unprecedented” Reconciliation Switch

Thursday, March 25th, 2010

Senator Scott Brown (D-MA), who won a special election in late January 2010 on a platform of opposing Obamacare in the most liberal state in America, has seen his election nullified by Senate Democrats by the midstream switch to reconciliation

By a vote of 56-43, with three Democrats, Sen. Ben Nelson (D-NE), Sen. Blanche Lincoln (D-AR) and Sen. Mark Pryor and Mary Landrieu (D-LA), joined by all 41 Republicans, failing to put the breaks on a large package of changes to the existing law known as Obamacare.   Every vote taken on Obamacare in the past few weeks has had the same character: bipartisan opposition failing to stop the remaining majority of Democrats from passing the legislation – hardly what the average American would expect on the signature legislation of President Obama, as the media-created Obama Brand is one of a “bipartisan” “pragmatic” “centrist” leader.   Indeed, the only thing bipartisan about the legislation is the opposition to it from centrist Democrats and the entire Republican Party.

Obama and the Democrats had tried to avoid making any changes to the House reconciliation package, but the Senate Parliamentarian ruled some parts of it out of order under reconciliation rules, forcing the Senate Democrats to make some changes and  sending the entire reconciliation Obamacare package back to the House for a final, final vote tonight.   The Dems and GOP House members are going back and forth with short speeches in the House now.

It looks like the House will vote shortly to bring the Obamacare legislating to a close:

The Senate approved a package of fixes to the health care reform law Thursday, drawing to a close the chamber’s year-long effort to overhaul the nation’s insurance system.

But the work isn’t done quite yet.

The bill passed 56 to 43, with Vice President Joe Biden presiding over the chamber. Senate Republicans forced a pair of changes to the reconciliation bill overnight, sending it back to the House for a final vote later Thursday.

Democrats believe the minor changes – to language regarding Pell Grants for low-income students – won’t derail House passage, meaning that Democrats are set to finally conclude the legislative struggle needed to make health reform a reality.

As you can see from the prose above from Politico,the establishment media is in a state of near orgasm over the imminent final passage of the Obamacare package, as the average left wing journalist is overjoyed to “finally conclude the legislative struggle needed to make health reform a reality.” That is actually fairly tame compared to the NYT, who declares just now that

The NYT, in a moment of candor, admits that the procedural trickery engaged in by Senate Democrats was successful in avoiding the will of the American people as embodied by the election of Senator Scott Brown (D-MA) in January 2010 on a platform of explicit opposition to Obamacare and a promise to be the “41st vote” to stop Obamacare in the Senate.

The Senate action appeared to be the penultimate step in a series of intricate legislation maneuvers that Democrats were forced to undertake after a Republican, Scott Brown, won a special Senate election in Massachusetts on Jan. 19, stripping Senate Democrats of the 60th vote that they needed to surmount Republican filibusters.

In a sane world, the “paper of record” in the United States would be troubled by Congress’s manipulation of its procedural rules to avoid the electoral will of the American people, but alas, the NYT has no such concerns, as in the very next paragraph the Times slips into its well-worn role as fawning Obama cheerleader, praising him for engineering the entire process of “intricate legislative maneuvers that the Democrats were forced to take” to subvert the will of the American people as expressed by the election of Scott Brown:

Many Democrats credited the president with having saved the legislation from the brink of collapse. He held a remarkable, day-long televised forum with Congressional leaders of both parties, lobbied for the overhaul in campaign-style rallies around the country, attacked abuses by private insurance companies, and repeatedly told the stories of everyday Americans who had suffered in the existing health system.

The Times appears to be a cheap date regarding the lavish praise it tosses out above for Obama, as everything they list as Obama’s “remarkable” actions are just standard, scripted political events that require little by way of unique or “unprecedented” skill sets to accomplish. It is odd for the “paper of record” to so explicitly celebrate the use of “intricate legislative maneuvers” and staged, scripted political events by DC officials to avoid the logical result of recent election results.

Indeed, the fact that the Democrats did indeed manage to make history by switching, midstream, from a bill passed via regular order to a reconciliation bill, would have merited a mention from the “paper of record”. However, the NYT fails to note this “unprecedented” legislative trickery by Obama and the Demcrats, but it was noted by ardently ideological leftist Lawrence O’Donnell.  The entire uncut O’Donnell appearance on Morning Joe on March 12, 2010 can be seen here.  O’Donnell notes the “unprecedented” nature of the Democrats’ plan to switch gears after Scott Brown’s Senate victory and pursue reconciliation to pass Obamacare:

JOE SCARBOROUGH: Will Democrats get health care passed?

LAWRENCE O’DONNELL: I’m going to say what I’ve said all along in my humble approach to this subject.  I, having worked on this kind of legislation on the Senate floor, trying to get it passed, and in committee.  I do not see how they can do this.  Now, and part of that is because it’s never been done before. And they have moved into a legislative territory that has never previously existed.  The Republicans have not been very smart about trying to describe this. It’s difficult to describe.  But this is unprecedented, using reconciliation this way. Because what they’ve done, is that they’ve abandoned a bill in mid-conference. The Senate passed a bill, the House passed a bill. They were in mid-conference negotiating this bill, in conference, and they said it’s going to be impossible for us to pass it now because of Scott Brown, so we’re going to abandon conferencing this bill and move over to another legislative vehicle, called reconciliation.  To handle something you’ve already been legislating another way, now, that’s never occurred before.

SCARBOROUGH: That’s never happened?

O’DONNELL: Never, never, never.

When the history books are written about the passage of Obamacare, perhaps this unprecedented legislative trickery, now completed, by Democrats to accomplish a nullification of the election of Scott Brown (R-MA) will garner more attention.  For now, the establishment media is sure to continue in near orgasm mode, with lavish praise for media hero Obama and his merry band of Democrats.

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Epic Fail: Obamacare Going Back to House, Dem Strategy Collapses with GOP Parliamentary Win

Thursday, March 25th, 2010

Democratic Senate Leader Harry Reid (D-NV) Closed the Proceedings at 2:45AM After A Parlimentary Ruling Ensured that the House Would Be Forced To Hold Another Vote

In a most unwelcome development for President Barack Obama and the Democrats, the Senate Parliamentarian made two ruling in the GOP’s favor on point of orders regarding the add-on student loans portion of the reconciliation bill, meaning that Obamacare must return to the House for another vote.  Democrats have been parrying GOP amendments all night long with the excuse that no changes can be made because the bill must pass now without any further House votes while admitting some agreement with some of the merits of the amendments themselves. Politico reports:

The all-night session came as Republicans offered 29 amendments in a final attempt to scuttle the bill, or at least force Democrats into taking politically difficult votes that could be used against them in November. Democrats steadily rejected each amendment, arguing that any changes would send the bill back to the House for another vote, an outcome Senate Democrats worked mightily to avoid before the parliamentarian’s ruling early Thursday.

Obama and the Democrats now face the worst of both worlds: after having voted down many reasonable amendments, such as closing the exemption from Obamacare’s rules for top Congressional and White House leadership or banning the use of federal funds to purchase viagra for sex offenders, for the sake of avoiding another House vote, now there will be another House vote, making the rejection of all GOP amendments appear unreasonable. It has been a long night in the Senate, with continuous voting occurring all night until about 3AM, with 29 GOP Obamacare amendments voted down in with only a few Democratic crossover votes. Of course, no GOP votes were with the Democrats, meaning that once again only the opposition to Obamacare was bipartisan. Obama and the Democrats were desperately attempting to avoid that exact outcome, as noted by the NYT:

WASHINGTON — With the Senate working through an all-night session on a package of changes to the Democrats’ sweeping health care legislation, Republicans early Thursday morning identified parliamentary problems with at least two provisions that will require the measure to be sent back to the House for yet another vote, once the Senate adopts it.

Senate Democrats had been hoping to defeat all of the amendments proposed by Republicans and to prevail on parliamentary challenges so that they could approve the measure and send it to President Obama for his signature. But the bill must comply with complex budget reconciliation rules, and Republicans identified some flaws.

The key question in Washington tomorrow is whether Obama and the Democrats can get the reconciliation bill out of the Senate tomorrow and obtain the needed additional House vote to allow the completion of the Obamacare legislating before the Easter recess:

Jim Manley, spokesman for Senate Majority Leader Harry Reid, said Republicans consulting with the Senate parliamentarian had found “two minor provisions” that violate Congress’ budget rules. The provisions deal with Pell grants for low-income students.

Manley said those two provisions will be removed from the bill, and he expected the Senate to approve the measure and send it to the House. Manley said Senate leaders, after conversations with top House Democrats, expect the House to approve the revised measure.

Both chambers are hoping to begin a spring recess by this weekend.

A spokeswoman for Democratic Senator Tom Harkin (D-IO) stated that Senate Democrats expected the House to “quickly pass the bill with these minor changes.”

A spokeswoman for Senator Tom Harkin, Democrat of Iowa and chairman of the Senate Health, Education, Labor and Pensions Committee, said the provisions struck out by the parliamentarian were minor.

“The parliamentarian struck two minor provisions tonight from the Health Care and Education Reconciliation Act,” the spokeswoman, Kate Cyrul, said. “These changes do not impact the reforms to the student loan programs and the important investments in education. We are confident the House will quickly pass the bill with these minor changes.”

A third issue, in addition to the two successful GOP challenges related to the add-on student loans measure, remains in front of the Senate Parlimentarian, so more changes may end up being made. The fact that another House vote will occur at all is sure to magnify the political impact of the votes cast on the 29 GOP amendments, as now the GOP can argue that some of the reasonable changes suggested by the GOP could just have quickly been passed by the House. One such issue that is sure to draw a lot of focus is the attempt by Iowa GOP Senator Charles Grassley (R-IO) to pass an amendment which would have closed a loophole inserted by Harry Reid which excludes White House and Congressional leadership and their staffs:

An amendment that would have applied the new health care law to the president, vice president, top White House cabinet members and staffers and certain Congressional staffers failed Wednesday night, 43-56.

Three Democrats—Evah Bayh of Indiana, Blanche Lincoln of Arkansas and Ben Nelson of Nebraska—broke with their party to vote in favor of the motion to waive the point of order on the amendment.

The current law signed by President Barack Obama Tuesday applies to members of Congress and their staffs, but includes a loophole that does not require committee or leadership staffers to participate in the exchanges established by the government.

Finance Committee ranking member Chuck Grassley (R-Iowa), who spent months over the summer working on the health care legislation in committee, said in a statement following the vote that “Congressional leaders have had other opportunities to fix the double standard but have repeatedly opted not to do so.”

“It’s only fair and logical that administration leaders and congressional staff, who fought so hard to overhaul of America’s health care system, experience it themselves,” Grassley said. “If the reforms are as good as promised, then they’ll know it first-hand. If there are problems, public officials will be in a position to really understand the problems, as they should.”

Obama and the Democrats will now have to explain why they and their staffs need an exemption from Obamacare’s provisions while all other Americans do not, feeding into a narrative about how the Democratic leadership sees itself as above the law. GOP Senator David Vitter (D-LA) also got into the act by imploring the Democrats to pass his amendment, which would have exempted mobile breast cancer detection units from fuel taxes, because the “bill is already going back to the House.

Before the discovery of the parliamentary issues, Democrats had already succeeded in defeating more than two dozen Republican amendments or other proposals aimed at derailing the legislation or making changes that would delay it by forcing an additional vote in the House.

Shortly before 2:30 a.m., Senator David Vitter, Republican of Louisiana, put forward yet another amendment. Mr. Vitter’s proposal would have exempted mobile mammography units from paying a federal fuel tax.

In urging adoption of his amendment, Mr. Vitter declared, “This reconciliation bill is already going back to the House.”

The AP summarized the major GOP Obamacare amendments rejected by solely Democratic votes:

Senators voted on 29 consecutive GOP amendments between 5:30 p.m. Wednesday and 2:30 a.m. Thursday, when they recessed.

By 57-42, Democrats rejected an amendment by Sen. Tom Coburn, R-Okla., barring federal purchases of Viagra and other erectile dysfunction drugs for sex offenders. Coburn said it would save millions, while Sen. Max Baucus, D-Mont., called it “a crass political stunt.”

Democrats also deflected GOP amendments rolling back the health law’s Medicare cuts; killing extra Medicaid funds for Tennessee and other state-specific spending; barring tax increases for families earning under $250,000; and requiring the president and other administration officials to purchase health care from exchanges the statute creates.

It remains to be seen whether Pelosi will attempt to get another vote completed immediately after tomorrow’s likely passage of the altered reconciliation bill through the Senate. Considering the post-Obamacare passage polling that shows 62% of Americans, including 41% of Democrats and 66% of Independents, want the GOP to keep fighting Obama and the Democrats over Obamacare, we can expect the House GOP to use every procedural avenue at their disposal to delay the now-needed additional House vote on the Obamacare package.

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