The Exposed Flank

[This is probably old news to people who've been closely following the Health Care Reform debate.]

As it stands right now, the Democrats stand a 50/50 chance of having their Health Care Reform plan defeated this Tuesday. After a year of fighting it out, all those long drawn-out debates, a summer of "death panels" cries of "socialism", idiots demanding the government stay out of their Medicare, and outraged yahoos bringing guns to townhall meetings, they finally got a bill through the major procedural roadblock in the Senate: the rule that says you need 60 votes to move a bill from the discussion stage (aka, to overcome the threat of 'filibuster' - where a bill simply sits in the discussion stage forever). If it passes that vote, it moves one step closer to where it can be voted on for real.

The Democrats started the process with 60 Senators ostensibly on their side: all the Democrats, an Independent and a Socialist (not a single Republican, of course). And if those 60 could be kept on-board, the bill was pretty much guaranteed to become law. Of course Democrats are notoriously hard to keep on the same page. It's a big, diverse party, with very little party discipline and an aversion to playing procedural hardball. So keeping those 60 together was a difficult process, and a painful process to watch for anyone who wanted Reform to pass. And that's why it took so long, and why the bill is far less far-reaching than it could have been; when every vote counts, the whims of every prima-donna Senator must be catered to, especially the more conservative of the Democratic Senators who were vehemently opposed to things like single-payer or extending Medicare to cover everyone, etc..

But, on Christmas Eve, the Senate had that procedural vote, the Democrats won it, and the bill moved into the stage where the try to reconcile it with the version the House passed. That's where it sits today. For extra procedural fun, if the bill changes in the reconciliation process, it then needs to pass another 60-vote procedural vote to get to the real vote.

It's truly the stupidest system ever.

Along the way, though, Massachusetts Senator Ted Kennedy, youngest brother of JFK, died. This was a man who had fought his entire 46-year Senate career to provide better health care for the poor, the disabled and children. Health Care Reform would've been his crowning achievement. Alas.

Kennedy's death took the Dems to 59 votes; but so long as Kennedy's seat remained unfilled or was filled by a Democrat, that was OK. The procedural vote could be met with 59 votes; the Republicans couldn't defeat it with their 40 votes. So, having passed that first hurdle, they've been taking their time with getting the bills reconciled.

Massachusetts, though, is having an off-cycle election to fill Kennedy's seat. And the vote is this Tuesday. The Dems, in their infinite stupidity, chose a lackluster candidate to run for that seat and basically ignored the race until last week, when polls showed that the race was a dead heat, or worse: the Republican was slightly ahead. And if that Republican wins, he will likely take office on Wednesday, which will give the GOP 41 votes, and will kill Health Care Reform (along with everything else the Democrats want to do) dead in its tracks. The whole year wasted, and a huge hit to Obama himself, since Health Care Reform is one of his signature issues.

I guess the thought that a Republican could win Ted Kennedy's seat never occurred to them. The Dems spent all their energy and attention getting over that first procedural vote, and while they are busy telling war stories and congratulating themselves, the Republicans are about to slip past the one spot the Dems thought they didn't have to defend. And if they make it past, they'll blow the whole thing up.

This weekend, Obama and all the big Dems are in MA, campaigning for Coakley, the Dem candidate. But polls haven't shown any effect, yet. She's still tied, or losing. Maybe they should've tried this a couple of weeks ago ?

What a bunch of clowns...

10 thoughts on “The Exposed Flank

  1. Rob Caldecott

    That is fucked up.

    How many Senators are there in total? Why isn’t there simply a free vote? Surely the Dems would win if there was? Or is that too simple?

  2. cleek

    100 Senators. 2 from each state.

    Why isn’t there simply a free vote?

    the Senate makes its own rules, and a few decades back they decided that it takes 60 votes to stop debate on a bill. until there’s enough votes to stop debate, it can’t move forward to the real vote. ‘debate’ doesn’t mean they’re talking about it, though. it used to mean that. but that was too hard. now it essentially takes 60 votes to pass a bill.

    the Dems are in the unfortunate position of having exactly 60 votes, if they bring together everyone possible. that gives immense power to the unreliable Democrats – people who don’t mind screwing their party. they always get their way. if they don’t they’ll refuse to vote to end ‘debate’, and the bill never moves to a final vote.

    this process is maybe even more fucked-up than the asinine Electoral College. but it is what it is. nobody in the Senate wants to change the rule because a) they like to think of themselves as a gentlemanly club full of traditions and b) it’s obviously a hugely effective tool for the minority – and Senators know majorities don’t last.

  3. Rob Caldecott

    2 from each state? Regardless how many people live in the state? Interesting.

    Tuesday’s election will be worth tracking – I haven’t read any mention of this in the UK press, which considering how the NHS was dragged into the US health-care reform debate, is surprising.

  4. russell

    Republicans in the US are out for blood. Democrats aren’t. I’m not sure why that is.

    You would think by now that left / liberal / progressive / democratic folks would have figured out that there’s a lot at stake, and that a suitably large fire would have been lit under their @sses.

    Not yet, apparently.

  5. Cris

    2 from each state? Regardless how many people live in the state? Interesting.

    yeah. which sucks.

    Unless you live in one of those small states. In which case you have frack-all representation in the people’s chamber (the House), so you really rely on your over-representation of Senators.

    But it’s true, what really sucks is the Rules of the Senate. Not only do they have this nonsense where they require a cloture threshold (60 votes) even if a filibuster hasn’t been initiated, they also have a rule requiring 60 votes to consider any bill which involves deficit spending.

  6. Ugh

    So now this is the time the Democrats need to finally go postal (or Republican, if you will) in the Senate. Ram everything through in reconciliation, HCR, additional stimulus, financial industry re-regulation, tax increase/reform, etc. Just do it all on 51 votes and let the chips fall where they may in November. Fuck Lieberman, Nelson, Blue Dogs, etc., 51 votes means the bill passes. Yeah, everything has to go back to the status quo ante in 10 years, but if they do it right, it shouldn’t matter (but who knows).

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