A Tortured History of ObamaCare


Elizabeth Drew has written a long, biased and tortured health care reform review of recent events. Two items of interest appear at the end of the article.

“Obama’s move to take the issue to the Republicans by inviting them to a half-day, bipartisan meeting at Blair House on February 25 to discuss health care—without, as the Republicans had been insisting, scrapping the pending bill and starting over—was intended to show the public (and wobbly Democrats) who the obstructionists are. (And Obama’s recent televised meeting in Maryland with House Republicans had been a big hit.)”

And second:

“Without sixty votes, the Democrats couldn’t simply reopen the Senate bill to incorporate the changes that the Democratic House and Senate leaders had agreed upon. Instead, the Senate Democrats wanted the House to adopt the Senate bill, and then both chambers would adopt a “reconciliation” bill (which would require just fifty-one votes in the Senate) that would include most of the final changes.”But House Democratic leaders, mistrusting the Senate—and not liking it, either—balked at doing that. Pelosi stated definitively that she couldn’t get enough House votes to pass the Senate bill, unless the Senate passed the reconciliation bill first. And the Senate said that the rules made it impossible to adopt the reconciliation bill first (the House disagreed). Some of the changes couldn’t be put in the reconciliation bill, which can only deal with matters that affect the budget. This would call for a third bill, which no one knows how to pull off.

“Logically, there should still be a way to get a bill passed. But logic went out the window on January 19. The situation was as much psychodrama as legislative stalemate. The perfectly reasonable argument was made to Democrats in Congress, mainly by the administration, that, having voted for the bill already, it would be worse for them to fail to pass it than to pass it, but this seemed not to be heard. If Obama didn’t exert himself for the bill on which he’d spent most of his time in office thus far, it would be not just a political catastrophe for him but leave a scar on his presidency. Longtime observers—members of Congress and people who deal with them—say they have never seen such a sour mood on Capitol Hill, affecting both members and staff alike. One longtime Democrat said to me recently:

“The moderates are paranoid, the liberals are upset, the leaders are frustrated and losing the trust of everybody. There’s no level of trust between the Senate and the House or the White House and everyone else. There has been a breakdown of the kind of chemistry you need to get this kind of thing done.”

About a week later, the same aide wrote Drew with this update:

“Every option is bad. The leaders in the House and the Senate want to get a bill but enthusiasm is waning in the rank and file. They want us to focus on jobs. Still think we can get it done but have no idea how.

And the bold above, in a thimble, is the story of health reform: everyone thinks they can do it, everyone says they want to do it, they are convinced they should do it, but have no idea of how to do it, and nearly everyone fails to do it.

There are now reports of the Dems nearing another (umpteenth) deal. And they are “warming” to the idea of reconciliation. Expect a spate of these stories as the White House – GOP Meeting nears.

Let them try. It will end badly. But they won’t try, because they know they cannot succeed.


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Question for everyone

ugarepublican20 Thursday, February 18th at 2:36PM EST (link)

Sorry if this is off topic, but what are some reasons for opposition to Obamacare? I was stumped by my friend when he said because the public option has been taken out, it isnt a government takeover. the only thing i could think of was the mandate. What say you all? thanks in advance.

Read the bills ...

10ksnooker (Diary) Thursday, February 18th at 2:37PM EST (link)

Then you will know

ok...

ugarepublican20 Thursday, February 18th at 2:49PM EST (link)

i dont know if i have the time or will to make it through all those pages. thanks anyway.

If that right there is not reason enough

Raven (Diary) Thursday, February 18th at 7:01PM EST (link)

Then you need to reconsider a few things…

“If you do not have a sword, sell your cloak and buy one.”
Luke 22:36

 
 
 

It's like government contracting

Menlo (Diary) Thursday, February 18th at 3:00PM EST (link)

Instead of having an actual government agency run it, they just require the “public option” be adopted by all insurance companies. In essence, it makes insurance companies quasi-government agencies.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

based upon what?

ruascott1 Friday, February 19th at 12:13PM EST (link)

The bill mandates minimum levels of coverage (something every state already does), and it requires a community rating system (no pre-exisitng condition bans). But these are regulatory procedures.

They don’t require insurers to be non-profits. They don’t put any limits on premiums.

Troll alert! nt

Menlo (Diary) Friday, February 19th at 3:04PM EST (link)

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

 
 
 

Google and...

cwilson (Diary) Thursday, February 18th at 3:01PM EST (link)

Heritage.org are your friends. Read ‘em all, but this is a good summary of the so-called “moderate” Senate bill (it’s only moderate in comparison to the far-left-wing excrescence that is the House bill). Excerpt:

Cause many Americans to lose their current health insurance. The Congressional Budget Office (CBO) estimates that up to 10 million Americans would no longer be covered by their employers. Given the bill’s incentives for employers to discontinue job-based coverage, independent analysts expect the loss of employer-based coverage to be much higher.

Bend the cost curve up. According to independent analysts and government actuaries, the bill would substantially increase total health care spending instead of reducing it as promised. Richard Foster, Chief Actuary of the Centers for Medicare and Medicaid Services (CMS), recently judged the projected savings from the Medicare updates as “doubtful” and estimated that the total national spending on health care would increase.

Impose many new taxes on middle-class Americans. The Senate bill contains over a dozen new taxes, including a 40 percent excise tax on high-priced health plans and special fees and taxes on insurance, drugs, medical devices, and anyone who violates the new mandates.

Reduce many seniors’ access to Medicare benefits and services. The bill would reduce Medicare payments by an estimated $493 billion over 10 years, including payment reductions for Medicare Advantage, hospital care, home health care, and nursing homes.

Provide federal funding for abortion. Contrary to the President’s clear statement to Congress and the nation on health care reform, the Senate bill would provide funding for abortion. The House would prohibit using taxpayers’ dollars to finance abortion, but a similar amendment to the Senate bill was tabled without even a floor vote.

If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen! –Samuel Adams

employer based

ruascott1 Friday, February 19th at 12:21PM EST (link)

health insurance as a system sucks anyway, what is the purpose of perpetuating it?

I agree with the 2nd point. The third point is questionable, the excise tax starts at plans that cost over around $25k/year. I don’t know too many middle class people that have $25k insurance plans, other than union members, and I don’t really care if they get hit.

As for the 4th point, I’m not sure when it became normal for conservatives to start complainging about cuts in entitlement programs. Medicare has serious funding issues, so eventually either benefits need cut, or taxes raised. I vote for the former rather than the latter.

As for the 5th point, you are likely right on this, though I don’t think it can pass the House with that language in it.

 
 

G'bye

Neil Stevens (Diary) Thursday, February 18th at 3:12PM EST (link)

You can play conservatives in the mist somewhere else.

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
Read the RedState Posting Rules

Unlikely Voter: Poll Analysis, Election Projection.

“I rejoice that America has resisted.” – William Pitt, the Elder

 

The one thing you need to know is that

Dan Perrin (Diary) Thursday, February 18th at 6:32PM EST (link)

under the exchange, every insurance plan sold must be approved by the process set up, controlled and run by the Secretary of HHS.

The Secretary would control every aspect of every insurance plan.

 

It will control your life

renny (Diary) Thursday, February 18th at 8:41PM EST (link)

I’ve never seen the Sen. bill, but the House bill is available online.

There are provisions for “community organizers” (ACORN?) to enter your house w/out a warrant to see that your children are vaccinated and in addition see if you have guns and where they are.

It includes extensive directions on how to handle people who don’t speak English (and they say it isn’t for illegals).

Pages exist on how to handle “end of life” decisions, just in case you don’t think death panels exist.

A constant refrain is limiting access to care as people age (they say they will cut $500 billion from Medicare).

You HAVE to buy gov’t-approved ins., and if your co.’s ins. doesn’t match, you have to give it up.

A million agencies, committees, advisory boards, bureaus, and just endless bureaucrats inform the leg., all of whom will make their own regulations and rules.

Those are a few reasons–the House Bill is 1710 pages long. No one but me has ever read all of it. The Sen. bill is over 2200 pages. Those reasons alone are reason to oppose both. Just think of the DMV as your dr.’s office.

If the House and Sen. go for reconciliation, I think you could see the storming of the Bastille in DC.

haha

ruascott1 Friday, February 19th at 12:23PM EST (link)

your first comment was so delusional I couldn’t read on after that….

 

haha

ruascott1 Friday, February 19th at 12:23PM EST (link)

your first comment was so delusional I couldn’t read on after that….

 
 

one of the worst aspects of the bill...

writeblock Thursday, February 18th at 9:56PM EST (link)

…is that it centralizes treatment in an all-powerful bureaucratic agency with the power to veto protocols on the basis of cost effectiveness. This would be determined by the age of the patient and other factors. It would punish physicians who depart from these directives, thus imposing its own will on patients and physicians. These would include life and death decisions–which is why these agencies are properly called death panels. To my mind this is the most horrendous aspect of the bill, apart from its unconstitutional mandates and its taking-over of a major portion of the economy–putting us well on the way to a socialist nanny state in which every aspect of our existence would be directed from above. Talk about loss of freedom!

 

The main reason for opposition is

romeg Thursday, February 18th at 11:21PM EST (link)

It is an utterly unnecessary usurpation of free choice. It is a grotesque overreaching by this administration and the sponsors of this bill.

What is necessary is a true Free Market solution rather than the Crony Capitalism model under which we now suffer. This bill is the exact opposite of a Free Market solution.

State Legislatures and Governors are unwilling or unable to allow interstate competition in the markets and this Obamanation does nothing to address that issue. The result is/will be gross distortions in the pricing of everything about Health Care and Health Insurance.

“Of all tyrannies a tyranny sincerely exercised for the good of its victim may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.” – C. S. Lewis

 

my reasons

PanMetron (Diary) Friday, February 19th at 2:29PM EST (link)

The individual mandate is a huge constitutional reason to oppose this bill. The federal government does not have the right to force all people to be active consumers in a private market simply because we’re mortal and have bodies. This is not like auto insurance. Even many on the left get it: the individual mandate essentially forces everyone to pay into a mostly for-profit cartel, rewarding the very institutions they supposedly hate. (They would tend to be OK with it if there was a public option, however – I think it’s still economic puppeteering, and if it’s legal a government mandate that everyone work to “solve” unemployment would also be legal). And of course it prevents a basic market mechanism from working – if the product has no value, forcing all people to buy it will hardly improve it.

Another pragmatic reason for opposition is that the bill does not achieve the three most basic things that will improve the system: 1) establish a real open, non-monopolistic market anyone can buy into (you can only participate in the “exchange” if you don’t have a corporate/union plan offered) and 2) let people shop nationally rather than having the law enforce state restriction, 3) replace the current tax-break structure which favors only large employers and unions with an individual tax break, possibly refundable.

The Obamacare monstrosity is a heinous, heavy-handed example of the worst possible health “reform” and none of the best ideas out there. It’s a giveaway to crony capitalism and deceitful bureaucratic opportunists – as always, at the expense of the individual’s liberty and cash.

 
 

Make our day

10ksnooker (Diary) Thursday, February 18th at 2:36PM EST (link)

“Repeal the bill” has that massacre sound to it.

The Senate Already Killed Reconciliation

GJ Merits (Diary) Friday, February 19th at 3:35PM EST (link)

What You Don’t Know About The Budget Conference Report:

http://tinyurl.com/y8fpa33

I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison

If you want to go fast – go alone. If you want to go far – go together.

To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.

 

The Senate Already Killed Reconciliation

GJ Merits (Diary) Friday, February 19th at 3:35PM EST (link)

What You Don’t Know About The Budget Conference Report:

http://tinyurl.com/y8fpa33

I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison

If you want to go fast – go alone. If you want to go far – go together.

To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.

 
 

Reads like a Eulogy

YankeeConservative (Diary) Thursday, February 18th at 2:58PM EST (link)

Upon reading the entire original article myself, I couldnt help but realize that Ms. Drew would have needed a very powerful motivation to write such a long, remorseful, revisionist piece of crap. There could be only one such motivation – deep, hurtful, remorse. It appears at least some on the left are coming to read the writing on the wall – not just with healthcare, but with the emerging lame duck Obama – before he has ever accomplished anything!

That was exactly what it sounded like

Dan Perrin (Diary) Thursday, February 18th at 6:33PM EST (link)

a White House planted story to begin to get the liberals to accept that it’s over.

Wishful thinking

earlgrey (Diary) Thursday, February 18th at 9:07PM EST (link)

I hear buh-bayh is open to reconciliation now and 16 senators are pushing for the public option.

Remember, kids, it ain't Over until we Control One House.

Section9 Thursday, February 18th at 9:15PM EST (link)

THA’TS when National Socialist Health Care is OVER.

These people never stop. It is all about control with them. As much as I disagree with Art Chance about Palin, he is dead on right about the Socialists in Washington: they do not stop, so you must wage unrelenting war against them.

All the time. This is about our freedom.

“History will be kind to me, for I intend to write it”-Winston Churchill

That is what I mean

earlgrey (Diary) Thursday, February 18th at 10:00PM EST (link)

With Bayh on board for reconciliation, they should be able to get this. Makes me mad, we have fought so hard to lose now.

anything that passes through Reconciliation...

writeblock Friday, February 19th at 12:13AM EST (link)

…can be undone with 51 votes as well once we take power. The bigger danger is all the rest–the original Senate bill. If it ever passes, the next stage of the fight would be in the Supreme Court. It would be an unprecedented abuse of power reversing the role of citizen vis a vis the state.

Except for the fact

ruascott1 Friday, February 19th at 12:26PM EST (link)

that any repeal would be vetoed by Obama.

 

Except for the fact

ruascott1 Friday, February 19th at 12:26PM EST (link)

that any repeal would be vetoed by Obama.

 
 
 
 
 
 
 

If waterboarding is torture

E Pluribus Unum (Diary) Thursday, February 18th at 3:27PM EST (link)

then we should waterboard both health-uncare plans and make them tell what went on behind closed doors.

Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO

The only abortion I'll ever agree with.

roscopico (Diary) Thursday, February 18th at 5:29PM EST (link)

And the only abortion the drones will ever find repugnant is the murder of Obamacare before the Statist could deliver the monstrosity.

It will never be born.

They keep threatening to reconcile, but for how long was Botox grinning at the cameras saying “We’re really close”, or “We’ll DEFINITELY get this done by the SOTU”. Nancy might continue to say they’ll go reconciliation, but who believes her anymore? The Lost President? TOTUS? I know for a fact I don’t.

Im Himmel gibt’s kein Bier…

 

The people in the room don't even know

Dan Perrin (Diary) Thursday, February 18th at 6:35PM EST (link)

what happened.

 
 

Now, I'm not putting it past the Dems to try

Jonbontx Thursday, February 18th at 4:05PM EST (link)

recinciliation, but what I find amusing is how the Dems act like passing something that way will not take anytime at all. Just round up the 50 votes and the next thing you know it’s done. Also, they keep talking as if they can pass everything they want through reconciliation, bugetary or not.

 

Question about this "summit"...

Mary Beth (Diary) Thursday, February 18th at 4:24PM EST (link)

I see what you’re saying Dan and I have in the back of my mind a question from a post I read over at HotAir yesterday (or the day before)… given what you said when you quoted the lefty gal who said this was to show America who the supposed obstructionists are…

And that is…if the goal of the President and the other progressives is to herald a phantom agreement in order to make the GOP look bad, what is the best way to counter it?

Should they show up and be on the offense? Should they stick around until Obama tries to show them up and then leave, declaring the event to be a farce? Should they try to one-up the administration by having a televised town hall the night before, highlighting their plan for health care?

I mean if it’s a given that this is a trap, which it is, and it’s also recognized that their “almost close to having a deal” is a ruse….then what do you think is the best tactic for the GOP to take to respond?

“A political party cannot be all things to all people. It must represent certain fundamental beliefs which must not be compromised to political expediency, or simply to swell its numbers.” ~ Ronald Reagan

The best response was Brennan's after the Detroit terrorist strike

renny (Diary) Thursday, February 18th at 8:46PM EST (link)

go skiing for a week.

 
 

Final bill in 3 days?

stigmo Thursday, February 18th at 4:25PM EST (link)

Just got an email from the pro-life Susan B. Anthony list that is using a report from Congressional Quarterly to claim that final bill that will pass is imminent.

“With a final version coming out as early as Sunday, it is clear that Democrats know they are on the verge of having the votes they need to move forward, and they have a way to do it that is filibuster-proof…”

I can’t find a link. Have you heard anything on this?

They can only pass the Senate bill

Jonbontx Thursday, February 18th at 4:32PM EST (link)

as is. If they make any changes to the Senate bill, it must go back to the Senate where it will face a full cloture vote.

My understanding is that they're agreeing to pass it as is then fix it later through reconciliation...

Mary Beth (Diary) Thursday, February 18th at 4:37PM EST (link)

…and that these talks are about what would need to be “fixed” in that process.

Am I misunderstanding what’s going on?

“A political party cannot be all things to all people. It must represent certain fundamental beliefs which must not be compromised to political expediency, or simply to swell its numbers.” ~ Ronald Reagan

 

Here's more of the text.

stigmo Thursday, February 18th at 4:39PM EST (link)

Maybe it’s just a rallying cry, but the wording makes it look like reconciliation is imminent?

Congressional Quarterly is reporting that the final health care proposal is going to be released by the White House “as early as Feb 21,” just three days from today.

Democrats are aggressively putting together a coalition to get a health care bill passed. With a final version coming out as early as Sunday, it is clear that Democrats know they are on the verge of having the votes they need to move forward, and they have a way to do it that is filibuster-proof:

“The most likely way forward is for the House to clear the Senate’s health care bill (HR 3590) and for the Senate to pass a package of changes to it, using the filibuster-proof budget reconciliation process. That set of changes would incorporate the deals struck with the House, which would then send the new package to the White House. Obama would first sign the original Senate bill, then the “corrections” package. The last measure signed into law would be the one that dictates the final shape of the overhaul.”

Darling has the definative piece on the plan to pass ObamaCare

Dan Perrin (Diary) Thursday, February 18th at 6:37PM EST (link)

http://www.redstate.com/brian_d/2010/02/17/the-obamacare-nuclear-option/

 
 

Not entirely correct

ruascott1 Friday, February 19th at 12:28PM EST (link)

the strategy they are going with is passing the Senate bill as-is only after they pass a “fix” that will appease the House members via reconciliation.

 
 
 

Hopefully no republican is stupid enough

benko Thursday, February 18th at 5:24PM EST (link)

to do ANYTHING to help get this passed.

 

Right now, they don't appear to have enough votes in the House

Teresa in Fort Worth, TX (Diary) Thursday, February 18th at 5:28PM EST (link)

to even pass what came out of the Senate to send on to Obama to sign. Pelosi has lost her slim majority with Murtha’s death, Cao’s indication that he will not go against the Republican party this time, and the House member who has already resigned. Murtha’s seat won’t be filled until mid-May, by which time House members will be starting to seriously campaign for November.

Even if they did have the votes, the people in the House don’t like what is in the Senate bill, and I don’t think they trust either the Senate or the President to honor their “promise” to pass the reconciliation bill. They’ve seen how many people have been thrown under Obama’s bus already, and he has indicated that he really doesn’t care who has to lose their job, as long as “his” healthcare bill is signed on his watch.

Also, I am not sure that people in either the House or the Senate REALLY understand what would happen to this particular bill in reconciliation. The Republicans can challenge every single line item in the bill that is put forward, introduce unlimited amendments, and generally gum up the works to the point that nothing else would get done until the election. And every motion, amendment, ruling, etc., would have to pass Cloture to make it into the bill.

Whatever is left after THAT is what only needs 51 votes to pass, and by the time all is said and done, there may not be 51 votes, because Dems will be trying to save their seats in the Senate. Meanwhile, all of those House members will be sweating it out, hoping that the Senate will save their bacon….

In the meantime, jobs aren’t being created, the economy isn’t being addressed, and the budget hasn’t been worked on.

This isn’t going to end well if they start down this path, and I think they are starting to (finally) realize that. In the end, everyone is going to do what is in their best interest.

Fasten your seatbelts, it’s going to be a bumpy ride…..

555

exidore (Diary) Thursday, February 18th at 5:43PM EST (link)

thanx for the clear explanation of this messy situation. Think you
have it absolutely correct.

“Death smiles at everyone. Soldiers smile back.”

 

Wow...thank you very much.

Mary Beth (Diary) Thursday, February 18th at 6:14PM EST (link)

That helped clear some things up.

I think I was getting caught up with that sense of inevitability the progressives are trying to create regarding this whole thing.

This and Dan’s post helps put things in perspective with reality.

“A political party cannot be all things to all people. It must represent certain fundamental beliefs which must not be compromised to political expediency, or simply to swell its numbers.” ~ Ronald Reagan

Yes thank you

stigmo Thursday, February 18th at 6:21PM EST (link)

Every time I read something I begin to freak out and feel sick. So glad to know this is a dog and pony show.

The Dems are going to give it a try, again

Dan Perrin (Diary) Thursday, February 18th at 6:41PM EST (link)

because they have nothing else to do and cannot stop their attempt at health care reform.

They literally cannot help themselves, like an addict, they can’t stop because they do not want to stop.

And they will force their members in the House and Senate through the meat-grinder, and ultimately, will not have the votes.

House Dems demanding Senate move first...

roscopico (Diary) Thursday, February 18th at 7:12PM EST (link)

After running the gauntlet to produce cap’n tax as well as Obamacare, only to see their efforts at pulling teeth completely stall in the Senate, I imagine the House Donks aren’t in a big hurry to bounce the Senate bill as is.
Demanding the Senate move on a pre-emptive reconciliation prior to House passage of the Senate bill seems unlikely as well.
Is it even legal for the Senate to pass changes to their own bill through reconciliation prior to House passage? They’d be changing it before it became law? Is there a precedent?

And as an aside– a semantic quibble… why call it “reform”?

I love your writing, Dan. Thanks and keep fighting the good fight!

Im Himmel gibt’s kein Bier…

If I understand correctly, the Healthcare Bill has to already have been signed into law

Teresa in Fort Worth, TX (Diary) Thursday, February 18th at 10:02PM EST (link)

before a reconciliation bill can be drafted. If the House is able to pass the Senate bill AS IT STANDS NOW, once Obama signed it, the reconciliation bill would be able to be introduced.

However, the Senate bill is closer to what Obama REALLY wants, so he may just be telling the House membership what they want to hear so that they will go ahead and pass it. If it is signed into law, it is entirely possible that the reconciliation bill could go through all of the procedures and something would come out for Obama to sign. It would be a POS, but it would be out there.

There is NOTHING WHATSOEVER to keep Obama from saying that he will not sign it after all of that. Given his propensity for lying, I wouldn’t put it past him. Chances are, members of Congress have figured this out as well (or not – they don’t exactly strike me as the brightest bulbs in the box; they let their idealism trump their reason), and they aren’t willing to see this scenario play out.

Fasten your seatbelts, it’s going to be a bumpy ride…..

I don't think this is the problem.

writeblock Thursday, February 18th at 11:17PM EST (link)

The problem for the House is a lack of certitude as to whether what they want amended in the Senate bill would actually wind up being amended. The House has no way of knowing. The Senate won’t act because it can’t under the Constitution, and the House won’t act because it doesn’t trust the process in the Senate will result in the changes it wants. So it’s a stalemate.

Exactly - which is why I don't think the House is willing to pass the Senate's version of the bill uncontested.

Teresa in Fort Worth, TX (Diary) Friday, February 19th at 12:59PM EST (link)

They don’t think that their amendments would make it past the Senate, even in reconciliation. That’s why I think they are stalling on the Senate’s bill, which is making Obama steaming mad (poor baby).

I guess I didn’t state my case clearly enough in my previous comment, but I wholeheartedly agree – right now they are in a stalemate.

Fasten your seatbelts, it’s going to be a bumpy ride…..

 
 
 

No, it's not constitutional...

writeblock Thursday, February 18th at 11:11PM EST (link)

…since all fiscal legislation must originate in the House. The Senate uses reconciliation only for budgetary items…supposedly. So the Senate, under the Constitution, can’t go first.

Just to clarify...

writeblock Thursday, February 18th at 11:25PM EST (link)

Before it can pass the amendments, the House must pass the Senate bill. But it fears doing this because if its amendments fail in the Senate, it’s stuck with the Senate bill as written, which would make it the law of the land once the President signs onto it–which would be fine with Obama and the Senate, but not with the House and the unions, the pro-lifers, etc. So the House needs some assurance the amendments will pass the Senate. But it hasn’t got this assurance.

 
 
 
 

Exidore, Mary Beth, and Stigmo, don't thank me -

Teresa in Fort Worth, TX (Diary) Thursday, February 18th at 9:55PM EST (link)

thank Dan Perrin; he’s the one who explained this so eloquently a few weeks ago. Like you, I was starting to freak out about all of this, but he wrote a wonderful explanation of what Reconciliation would look like.

Once I was able to calm down my racing heart, I started looking around at all of the other stuff that is being written about this issue. I realized that what other bloggers were saying was true – if the House had the votes and really thought they had a chance, they would have called the vote already.

To paraphrase Jack Nicholson, “Deep down, in places they don’t talk about at parties”, I think they’re all breathing a sigh of relief that things are at this impasse. They KNOW how upset their constituents are, and they are lulling themselves into thinking that if they don’t vote for this now, they might have a chance to save their seat(s) come election time.

Once Scott Brown was elected, that was the end of Obamacare, and they ALL knew it. Someone said they are in the “bargaining” phase of grief – I think that’s an apt description. They are still going through the motions to give their Progressive base the impression that there is a chance that this might happen.

We still have to remain vigilant, but I think we can sleep a little easier at night for now.

Fasten your seatbelts, it’s going to be a bumpy ride…..

I think also...

writeblock Thursday, February 18th at 11:32PM EST (link)

…the Democrats will find out that just as they are adamant about ramming this damn bill down our throats, the public is just as adamant about seeing it reversed should it pass.

 
 
 
 
 

hilarious

jaykali (Diary) Thursday, February 18th at 5:35PM EST (link)

why do they waste their time with this? they’re not going to do reconciliation, why do they torture themselves? fun to watch at least.

 

Read this line and recognized myself ...

nancylee Thursday, February 18th at 7:25PM EST (link)

“Every time I read something I begin to freak out and feel sick. So glad to know this is a dog and pony show.”

I thought I was the only one who felt that way. I see something about the Dems getting ready to ram this monstrosity through and get scared all over again. Then I start looking for one of Dan’s posts to calm me down again.

These people should be prosecuted for torture.

I do the same thing! I see the word "Reconciliation"...

Teresa in Fort Worth, TX (Diary) Thursday, February 18th at 10:05PM EST (link)

…and I start looking for Dan’s byline…..

Fasten your seatbelts, it’s going to be a bumpy ride…..

 

Unfortunately...

writeblock Friday, February 19th at 12:28AM EST (link)

Dan’s insights go only so far. The window is still open for this thing…We’re not dealing with people who think realistically about politics. They actually think passage of the bill will improve their election prospects.

Trust Me

GJ Merits (Diary) Friday, February 19th at 3:01PM EST (link)

Dan’s right on the money on this one.

I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison

If you want to go fast – go alone. If you want to go far – go together.

To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.

 
 
 

Never assume it is dead until November, and then only if we win.

Section9 Thursday, February 18th at 9:17PM EST (link)

I have seen the GOP lose to many battles in D.C. because the RINO’s are willing to roll over and play dead.

“History will be kind to me, for I intend to write it”-Winston Churchill

 

Do not show up

bobmontgomery (Diary) Thursday, February 18th at 9:57PM EST (link)

We hear tonight that the WH has a plan almost ready to go if the Republicans don’t show up and cave, which means the whole offer has been a sham all along. Hell no, we won’t go.

If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.
George Washington

 

I don't buy into the optimism

Menlo (Diary) Thursday, February 18th at 10:06PM EST (link)

I’m quite certain that between what has happened so far, together with the statements that have been made and the people who have made them, that it will pass.

And Republicans will just continue to talk about how they need to be “respectful” to Democrats, as that is the only word in their vocabulary.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

 

Could we have a thread on the reasons for the high costs of medical care?

d_lamar Thursday, February 18th at 10:41PM EST (link)

The dems justify the need for Obamacare to solve the problem of the increasing costs of medical care. If it has not already been done, could we have a thread on that issue.

My belief is that the price of medical care was an inevitable consequence of the government’s involvement in the medical system. When hospitals were either mandated or voluntarily began treating all patients without regard to ability to pay, and then either billing the government, or additing those costs to people who paid cash or with insurance, then doctors and hospitals lost any incentive to refrain from raising prices.

Plus, when the patients, either because of a third party payor being involved, did not really care what the actual costs was, the patient had no incentive to care about the excessive cost. This is true especially when medical insurance is provided by the employer. The employee does not care about the price of the medical treatment until he sees his premiums increase.

IMO, the answer is to get the patient back into the mix as to what the doctors and hospitals are charging.

If conservatives could convince the general public that the reason for the high costs of medical is the government, then there would be less pressure for a complete government takeover of the industry.

The general public does not properly understand that whatever the government either regulates or controls, it becomes less efficient, corrupt, ineffective, and costly.

Don't forget lawyers

benko Thursday, February 18th at 11:15PM EST (link)

Defensive medicine. There is a reason the number of e.g. CT scans ordered has skyrocketed.

There is also the obesity epidemic and taking poor care of one’s self.

 

Please explain

ruascott1 Friday, February 19th at 12:34PM EST (link)

how what you are saying is supposed to work? How are medical providers supposed to judge an individuals ability to pay prior to providing treatment. If you roll in the hospital mid heart-attack, and need an emergency open-heart surgery, what exactly is a doctor supposed to do? Deny it becasue you forgot your insurance card?

I agree that third-party payments have distorted the marketplace for SOME medical procedures that are predictable and comparable. But for a lot of health care, free market principles don’t work because its not a logically functioning market.

The most expensive health care treatment is not a right

d_lamar Friday, February 19th at 5:24PM EST (link)

The logical extension of your position is that everyone is entitled as a matter of law to the most expensive treatment, whether or not he can afford it. I don’t accept that argument, any more than a person has a right to the best house, car, etc.

 
 
 

If the bill goes to reconciliation the 64K question is

anotherindyfilmguy (Diary) Friday, February 19th at 12:39AM EST (link)

which 10 dems are allowed the chance for getting re-elected by voting “no”…

Santorum? Well, at least he’s not Romney…
http://www.zazzle.com/enemy_of_the_statist_tshirt-235977043035297478

 

Really, they can't use Reconciliation

Berean (Diary) Friday, February 19th at 1:31AM EST (link)

It simply does not work, and if they try it they will be in front of SCOTUS really quick.

Reconciliation is only allowed for budgetary items. So the only items in the bill they could use reconciliation on would be those that directly allocate funds. Plus, as already noted, the House would have to pass the Senate bill which is not happening.

They can blather on about it all they like, but they cannot incorporate ANY items into the Senate bill aside from those that directly allocate money.

Trying each day to spread the Gospel

US Supreme Court is unlikely to look at Senate Rule

Spiral (Diary) Friday, February 19th at 4:43AM EST (link)

It simply does not work, and if they try it they will be in front of SCOTUS really quick.

The US Supreme Court is unlikely to get involved in the interpretation of Senate rules.

For example, if Obama-care passes the Senate on a “budget reconciliation” vote of 51 to 50 (with Joe Biden breaking the tie) and someone sues, saying that there are elements in that legislation that have no significant budgetary impact, the US Supreme Court is likely to say, “This court does not rule on the interpretation of Senate Rules. The Constitution gives the US Senate the power to make its own rules and be the judge of its own proceedings.”

This basically means, as far as the US Supreme Court is concerned, a majority of the US Senate can do whatever it wants, so long as it is not violating a provision of the US Constitution. For example, the US Senate can not override a Presidential Veto by a majority vote. It can, however, ignore it’s own standing rules at any time.

US Senate Majority Leader Robert Byrd violated the Standing Rules of the Senate on 4 different occasions from 1977 to 1987. The result is that Senate procedure was changed by the Byrd precedents, even though the Standing Rules of the Senate were unchanged.

The most interesting example of this was in March 1980 when Byrd wanted the Senate to consider Carter’s nomination of Robert White as ambassador to El Salvador.

From The Constitional Option To Change Senate Rules and Procedures By Majority Vote by Martin Gold and Dimple Gupta

Page 61-63

c) A Precedent Governing Consideration of Nominations (1980)

In March 1980, Byrd led the Senate Democrats in changing the Senate’s procedures for the consideration of nominations. The Senate’s Executive Calendar lists both treaties and nominations, in that sequence. Prior to March 1980, it had “been determined by a precedent that a motion to go into executive session, being nondebatable, [would] automatically put the Senate on the first treaty.” A motion to proceed to any other Executive Calendar matter would be debatable. This well established procedure presented potential difficulties for Byrd, who wished to push through the confirmation of Robert E. White as Ambassador to El Salvador. Byrd would “run the risk of a double filibuster—one on the motion to proceed to the nomination and then a filibuster on the nomination itself.”404 Accordingly, Byrd set out to alter Senate procedure to allow the Senate to proceed directly to White’s nomination with one, non-debatable motion.

On March 5, 1980, Byrd offered a motion:

Mr. President, I move the Senate go into executive session to consider the first nomination on the Executive Calendar.

Senator Jesse Helms (R-NC) raised a point of order against the motion:

The Senator can move to go into executive session but he cannot under the rules specify what we shall consider. The Senate determines its order of business in executive session only after going into executive session. It is not in order to determine the order of executive business while in legislative session.
The Presiding Officer immediately sustained Helms’s point of order:

Under the rule, rule XXII, paragraph 1, and precedents thereunder, only a motion to go into executive session is in order.

Byrd appealed the ruling, arguing that there was no logical reason for the Senate to distinguish between a motion to proceed to the first nomination and a motion to proceed to the first treaty. Senator James McClure (R-ID) protested that the proper method for altering Senate procedure was by proposing “amendments of the rules,” “not simply by changing the rules by majority vote to meet a particular situation,” and urged the Senate to affirm the ruling of the Chair.

That same day, the Senate rejected the ruling of the Chair by 38-54, almost completely on party lines. Due to Byrd’s new precedent, motions to proceed to nominations are no longer debatable.

Supreme Court Not Final Arbiter

GJ Merits (Diary) Friday, February 19th at 2:59PM EST (link)

It is the states. Check out www.tenthamendementcenter.com and get a good background on how we have forgot it is the states that have all the power – NOT the Supreme Court.

Also check out: http://tinyurl.com/yjt5n7t

It links to Dr. Larry Hunter’s site (former policy advisor to President Ronald Reagan) who has his own excellent section on state’s rights.

I doubt the bill will even pass reconciliation Biden style as the only way to stop an amendment bomb (which cannot be stopped by either Biden or the parlimentarian) is to instantiate the contstitutional option. In other words, kill the filibuster. I rather doubt there would be 50 dems willing to do that. Recall when Republicans discussed doing this under GWB for judicial nominations and McCain formed the gang of 14. Say what you will of McCain, but by stopping us from using that option (also called the Byrd option) he provided us cover for today. Eliminating the filibuster for healthcare would be met with a nullification movement or outright insurrection and kill the ability of the Senate to ever get anything done. Senate comity would be dead for years.

The argument that Senators are on their way out and know it, and therefore are willing to go to great lengths to pass ObamaCare leaves out one very important fact – Senators, like anyone, also care about their legacy. They are not just power junkies, but legacy junkies as well. Many politicians spend a great deal of time post public service as revisionists in the service of protecting their legacy. However, some things cannot be denied or hidden. Healthcare is one of them.

I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison

If you want to go fast – go alone. If you want to go far – go together.

To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.

 
 

you need to do some serious

ruascott1 Friday, February 19th at 12:36PM EST (link)

research on constiutional law. There is nothing in the constituion about “reconcilliaton” or filibusters, or anything related to this discussion.

The only thing the constitution says is that the Senate shall make their own rules on how to function. The SCOUTS has no jurisdiction on how the Senate legislates, only whether laws that it passses are constitutional.

 

you need to do some serious

ruascott1 Friday, February 19th at 12:36PM EST (link)

research on constiutional law. There is nothing in the constituion about “reconcilliaton” or filibusters, or anything related to this discussion.

The only thing the constitution says is that the Senate shall make their own rules on how to function. The SCOUTS has no jurisdiction on how the Senate legislates, only whether laws that it passses are constitutional.

 
 

The Democrats' reconciliation plan

Adjoran (Diary) Friday, February 19th at 1:48AM EST (link)

is an even greater outrage than the bill itself. Since NO “policy” issues are allowed under a reconciliation bill, the Senate Parliamentarian will rule them out of order. Then, Joe Biden will overrule him, and let them do whatever they want!

There are two defects in this plan (besides the peasants with pitchforks who would storm the Capitol): first of all, there is NO limit on amendments which may be offered to a reconciliation bill. Republicans can offer thousands, each of which must be read and voted upon. They could also refuse to waive reading of the entire bill itself.

Secondly, the House must first pass the Senate bill “as is.” Remember, the House only passed their own version by two votes, including one Republican who will not vote with them again. Murtha is dead. Oops, no majority. The Stupak coalition won’t vote for the Senate bill permitting federal funding of abortion, and many other members resent the special deals the Senate bill gives Nebraska, Florida, and Louisiana. The union exemption to the Cadillac Tax is a non-starter for Southern Blue Dogs.

The votes aren’t there. They only pretend to keep trying to appease the far left, who are the only people still supporting the Democrats at all.

 

Biden can't do it

Berean (Diary) Friday, February 19th at 2:20AM EST (link)

He would need a majority vote, and that won’t be forthcoming.

Trying each day to spread the Gospel