Booman Tribune

It's Still About the Filibuster

by BooMan
Wed Jul 1st, 2009 at 01:48:39 PM EST

One of the things I think politicians are least inclined to do is to create problems for themselves on bills that will never become law. So, for example, so long as 'centrist' Democrats knew that the Employee Free Choice Act would never become law, they were all willing to vote for it. But, once it became clear that a united Democratic caucus and a Democratic president could pass the EFCA into law, several Democrats flipped and decided to oppose it. They didn't want to alienate labor unions and Democratic activists by voting against the bill when they knew it would fail, but they were more concerned about alienating Big Business when they knew it might pass.

The same thing is going on now with the debate over a public option in the health care bill. I don't recall a single Democrat who was running for president who didn't run on at least a public option. And I don't remember when senators like Max Baucus, Jon Tester, Kent Conrad, Ben Nelson, and Tim Johnson were endorsing candidate Obama that any of them complained about his health care proposals. Well, Obama won and the Democrats have sixty votes in the Senate, and they can pass single-payer health care if they want to. If they thought that the health care bill would fail, they'd probably support the public option. But they know that they have to pass a health care bill. So...now a bunch of them oppose it.

While the public's support for a public option varies by state and region, it is overwhelmingly popular on a national level. Obama wants a public option and because he campaigned on providing one and won the election by a wide margin, he has a mandate for one. Yet, nearly a dozen Democrats have expressed some degree of reservations or even outright opposition to a public option. This is true in spite of the fact that none of them said a peep about opposing one during the primaries or the general election.

Prior to reaching the magic threshold of sixty senators, the Democrats had the excuse that they needed at least one Republican vote to achieve cloture and bring a health care bill to a vote. But, now, their only excuses are either that due to the illness of one or two senators they are not at full strength or that one or more of their own members won't support the public option.

Assuming the Democrats can count on Sens. Byrd and Kennedy to show up for a cloture vote, the only way the Senate can fail to pass Obama's signature program is if they harpoon it themselves. And that appears to be exactly what they are intent on doing. And they are going to do it on an issue that has the support of approxinately three-quarters of the electorate.

There are a couple of obvious steps the Obama administration can take, but they are similar enough that only one of them makes sense. The administration can ask Democratic senators who oppose the public option to vote for cloture to break the filibuster and then vote their conscience on final passage. After all, it is unseemly for Democrats to filibuster their own majority leader's agenda. Or, the administration can let the Ben Nelsons of the world kill the bill, and then attempt to pass it in October using the Reconciliation Process which only requires fifty votes.

However, there is no point in doing the latter if they can accomplish the former. In both cases, final passage requires fifty votes. In both cases, the bill passes over the objections of a few 'centrist' Democrats. But, in Reconciliation, only the elements of the bill that have an impact on the budget deficit are germane, and all kinds of mischief can be created by Republicans who are willing to raise points of order to strip the bill of budget-neutral but regulatorily critical elements.

Moreover, bills that pass through the budget reconciliation process have sunset provisions that make them vulnerable in future Congresses that might be unwilling to reauthorize them (see Bush tax cuts).

It is much preferable to pass the whole bill in the regular order. That means, the administration must attempt to get all the Democrats who oppose the public option to agree to support an up-or-down vote. And that is where activist pressure can be brought to bear to push health care with a public option over the finish line.



Display:
The administration can ask Democratic senators who oppose the public option to vote for cloture to break the filibuster and then vote their conscience on final passage.

But this gets the dynamic exactly backwards.  The Democratic Senators who now oppose the public option didn't want to look like they opposed a massively popular agenda item.  They wanted to appear as if they completely supported it but, golly-gee-willikers, we just don't have the votes to get it done.  No pissing off of constituents or of anyone who is providing fat checks to their re-election fund.  Now they've had to stick their necks out and demand that the government stop picking on the poor health insurance companies - companies that actually know the difference between a cloture vote and a final vote on the bill and won't believe the Senators at all when they try to spin them with "I voted against it in the end" when they know they could have stopped it by not voting for cloture in the first place.

They aren't going to vote for cloture and then vote against the plan - that would be completely the opposite from what they need PR-wise.  They would vote against cloture and then if it happened that the filibuster ended anyway despite their no vote they would vote FOR the final passage of the bill so they could trot back to their home states and claim credit for the victory in providing a public option to the masses.

When it comes down to October, and the Senate is using the reconciliation process to pass the bill, at least some of the Senators who refuse to vote for cloture now will come out and vote for the bill in the end.  Why?  Because they gain nothing by opposing it at that point and lose a lot by not being able to brag about it come re-election time.  Some of them will have committed themselves too publicly to being against the public option and will have to vote against it for optics sake and take their chances, but a good number of them will just keep their traps shut and shift their votes when the time comes.

by nonynony on Wed Jul 1st, 2009 at 02:07:42 PM EST
you know, i am so disgusted by this whole thing that it is practically impossible to write anything snarky.

we need a new party. i am tired of being unrepresented by wealthy octogenarians with lifetime positions.

John Mccain Called his wife WHAT??

by brendan on Wed Jul 1st, 2009 at 02:18:05 PM EST
We don't need a new party. All new parties eventually become the old party we're trying to escape.

We need a new MODEL OF GOVERNMENT. We need a different form of representation, since this one clearly is not working for the people.

"If you look for the social economic motive, you will not have to wait for history to tell you what was propaganda and what was truth." - George Seldes

by Real History Lisa (lpeaseRemoveThis@gte.net) on Wed Jul 1st, 2009 at 02:40:48 PM EST
[ Parent ]
yes, that too.
by "new party" i didn't mean replacing the democrats and leaving in place the 2-party system.

I mean adding a third, fourth, fifth.. and so on.
but no, the current system doesn't work.

John Mccain Called his wife WHAT??

by brendan on Wed Jul 1st, 2009 at 02:50:01 PM EST
[ Parent ]
You and me both, Brendan.
by The Voice In The Wilderness on Wed Jul 1st, 2009 at 09:27:26 PM EST
[ Parent ]
I WANT THEM ON THE RECORD.

Every last one of them mofos.

ON THE RECORD.

Clear as day. No wiggle room. No room for weaseling.

Force them to vote up or down on THE PUBLIC OPTION.

Make them be MEN (or women).

But, this bullshyt that they're doing now?

HELL NO.

On.the.record.

by rikyrah on Wed Jul 1st, 2009 at 03:13:37 PM EST
What Bernie said.
by BooMan on Wed Jul 1st, 2009 at 03:39:30 PM EST
[ Parent ]
The time has come for the Senate Dems to put up or shut up. On crucial bills like health care, there should be no quarter for wavering members. Fail to vote for cloture and you're voting against health care. Don't support the public option, and you're on record torpedoing health care. Period. No excuses, no bullshit "strategy".

Of course the real problem is the ridiculously easy, no-downside process by which the minority gets to defeat the majority's legislation. If the Dems had any real integrity they'd take this opportunity to change the rules right now. They'd certainly get no problem from the public.

This is not just Obama's fight, or even primarily his responsibility. Congress is the legislative branch. Dem pols and public have to be willing to take a stand and treat anyone who obstructs passage of an intact public option as a Republican.

FDR's response to progressive demands: "I agree. Now go out and make me do it."

by DaveW on Wed Jul 1st, 2009 at 03:07:05 PM EST
With 60 votes in the caucus, the filibuster now cuts both ways.  A Senator can filibuster the bill because it does not have a public option.

Think the Republicans would vote for cloture just to embarrass that Senator?

50 states, 210 media market, 435 Congressional Districts, 3080 counties, 192,480 precincts

by TarheelDem on Wed Jul 1st, 2009 at 03:10:49 PM EST
I love this. When Obama became president, the progressives were absolutely giddy with expectations at what they were now going to do as far as legislation was concerned. You forget to realize that just because you have control of Congress, everything you want is not going to get passed. Stop thinking that just because Al Franken becomes the new Senator from Minnesota, Obama is going to get everything he wants. It just isn't going to happen. Democrats are much more of a fractured party than many people realize. A lot of "centrists" are not in lock step with Obama of the liberals, nor should they be. These centrists like Lieberman, Bayh, Carper, Landrieu, both Nelsons are not simply going to roll over and play dead, and pass some bills because the liberals want them too.

You may have your filibuster proof Senate, but the moderates in the Senate and blue dogs in the House will have their say. The climate change bill nearly got defeated and now health care will not pass with compromise. That's the reality.

Why is it that both parties are so intent on screaming at each other, rather than trying to find solutions to this country's massive problems??

by eastcoastmoderate on Thu Jul 2nd, 2009 at 12:18:32 AM EST


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