Bayh: Senators Vote Their Conscience, aka, To Avoid Republican Attacks

by: Chris Bowers

Wed Jul 08, 2009 at 13:13


On top of, and in response to, the newly formed Senate Progressive Bloc forcing the Democratic leadership to include a strong public option in health care reform legislation, Senate leaders Harry Reid and Dick Durbin are now pressing all Senate Democrats to stick together on "procedural votes." That is, the Senate Democratic leadership is now telling conservative Senate Democrats to not join with Republican filibusters, especially on health care. Doing so would mean Democrats only need 50 votes to pass legislation:

Majority Whip Dick Durbin (Ill.) said Tuesday that he and Senate Leader Harry Reid (Nev.) will be asking the 60-member Democratic caucus to "stick together" on procedural votes that would allow the chamber to begin or end debate on legislation. Sixty votes are needed to close debate, or invoke cloture, on a measure and avoid a filibuster.

The message to Democrats, Durbin said, is: "Don't let the Republicans filibuster us into failure. We want to succeed, and to succeed we need to stick together."(...)

"They may vote against final passage on a bill. They may vote with Republicans on amendments," he said. "But on this idea of allowing the filibuster to stop the whole Senate, I think, we have persuaded them more often than not that they shouldn't let the Republicans control our agenda. We ought to control our own agenda."(...)

Reid and Durbin placed a special importance on the looming health care debate; the Majority Leader is hoping to bring a bill to the floor by July 20.

"Believe me, this is not a binding rule in the caucus," Durbin said. "It's just a plea to our Members that if we're going to face an historic vote on health care reform, we're urging Democratic caucus members to support us on the procedural issues."

Good. This is reiterating another point the progressive netroots have made for some time. Democrats don't need 60 votes to pass legislation in the Senate. Instead, only 50 votes plus Biden are required to pass legislation, while 60 votes are required to bring a bill to a vote. Now that we have 60 votes in the Senate, conservative Senate Democrats need to allow all Democratic bills to come to a vote.

The response to this request from Mary Landrieu and Ben Nelson has been predictably negative. The response from conservodem ringleader Evan Bayh is actually kind of hilarious (more in the extended entry):

Chris Bowers :: Bayh: Senators Vote Their Conscience, aka, To Avoid Republican Attacks

"Most Senators vote their conscience and they do what they think is right. They didn't come here to be told what to do by somebody else," moderate Sen. Evan Bayh (Ind.) said.

Oh really? In light of this, I now expect all of these conscience-voting Democrats do stop attending all Democratic caucus meetings, cancel all appointments with lobbyists, and shut down all constituent contact services. Otherwise, one might think that Senators are taking the opinions of other people into account when they vote, rather than just voting their conscience.

Later on in the same interview, Evan Bayh clarifies what he meant by voting according to your conscience. The actual meaning is to vote based on fear of Republican attacks (emphasis mine):

"You know how this place operates. Very often, it's the procedural votes that determine the substantive outcome. Sometimes not, but it's not uncommon that that is the case. So those votes on procedural issues will be cast as if they are the ultimate substantive vote," he said.

Who will cast the procedural votes as the ultimate substantive vote? Will it be the conscience of an individual Senator? That hardly seems likely. What seems far more likely is that Bayh is worried some Democrats will face Republican attacks that spin the procedural vote as the ultimate substantive vote.

So, there you have it from the leader of the conservodems: our conscience is formed largely by potential Republican spin in attack ads.  


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i have to say it's heartening that none of these (4.00 / 2)
quotes mention healthcare, as far as i can tell.  of course the conservadems are going to balk at being pressured to vote for cloture on all democratic bills.  i'm glad they are finally the ones facing the pressure though, and it seems like 60 may actually be a significant number, if only because it changes the public perception of the senate.  

but what is remarkable, and i'm crossing my fingers here, is that we haven't seen a concerted push-back around the public option from the conservadems.  they haven't said: a public option is a non-starter for us.  this is a pretty big deal as far as i can tell.  


there should be primary challenges (4.00 / 1)
for any Senator who votes with Republicans against cloture.  That threat should come from Schumer.  Its really that simple.  This is how Republicans kept unity for a long time.

Voting their conscience (4.00 / 3)
Apparently the conservodems consciences tell them not to take positions that might upset the corporations that finance their political campaigns, and they vote accordingly.

They do not need to be told how to vote. They understand who underwrites their careers and how they manage to pay for their luxurious lifestyles.


"It sounds wrong...
     ...but its right."


I don't agree with your read (4.00 / 1)
on Nelson's statement.  Here is the quote from TPM (HT Fleetadmiral on DKOS)

Sen. Ben Nelson (D-NE) told Roll Call "I'm not a closed mind on cloture, but if it's an abuse of procedure, if it's somebody trying to put a poison pill into a bill, or if it's something that would be pre-emptive of Nebraska law, or something that rises to extraordinary circumstances, then I've always reserved the right to vote against cloture."

I think that suggests he ISN'T likely to filibuster.  

Bayh appears to be the least likely to vote for cloture from the comments I have read.  Who knows about Lieberman.

Snowe supports the public option, and would be at least one repug vote for cloture.  I don't think Reid can get to 60, though, which means we are going through Reconcilliation.  


Scenario Question (0.00 / 0)
This scenario popped into my head and I'm curious about what would happen.

Say there's an important bill up, but Sens. Kennedy and Byrd can't vote. It comes down to 50-48.

Can Biden step in to push it over fifty or does it fail because it doesn't have a majority?


doesn't matter (0.00 / 0)
50-48 is a majority if only 98 senators are voting

[ Parent ]
Ah, but (0.00 / 0)
I was under the impression it had to be a majority of sitting Senators, not voting Senators. ??

[ Parent ]
"will be cast" (0.00 / 0)
So those votes on procedural issues will be cast as if they are the ultimate substantive vote," he said.

I think he meant the Senators will cast their votes -- cast, as in the verb for the act of voting -- as if the procedural vote is the ultimate substantive vote (which, in fact, it largely is).  I don't think he meant the votes will be cast -- as in cast by outsiders, cast being a verb synonymous with describe -- by opponents as being the ultimate substantive vote.  That is clearly true as well, but I think a clean reading of his text suggests that he was talking about the mindset and actions of senators throughout, not the mindset and actions of unmentioned political opponents' advertising copywriters.

So I don't think his text supports your reading that Senators' conscience = whatever will avoid Republican attacks. Rather he was saying that Senators will vote as if cloture is the ultimate significant vote, which in fact it usually is.

Incidentally a pledge to vote with the party on cloture votes would enormously decrease the individual power of Bayh, Lieberman, Nelson, Landrieu, et al.  Their personal power is at a maximum when all 40 GOP senators are against, the other 59 Dems are for, and their vote is decisive, so they can exert the maximum influence over what is in the bill in exchange for their vote.  It's good that Reid is building up the specter of consequences for such behavior, as that helps deter it somewhat, but these far-right Dems are never going to give up this power completely, at least not as long as the Senate is balanced on the knife edge of 60 as it currently is.  I'm glad to see Reid pushing, especially as he is probably speaking for himself, Durbin, Schumer, and Obama, but I'm certainly not surprised to see Bayh and Landrieu pushing back.  If anything I was surprised to see Nelson fold so early.

Now, given that you probably understand all of this as well as I, I suppose it's possible that you're deliberately misinterpreting Bayh's words, so as to make him look bad and raise the price of his personal power play ever so slightly.  I would be pretty surprised -- deliberately misinterpreting "in the service of good" is not a place I've arrived at, politically, yet, and I'd be interested to find out if you had.  But if I had to bet I'd probably just bet that you saw in his words what you were ready to see, rather than deliberately choosing to paint them with a possible but strained and unlikely interpretation for political gain.


A politician's "concience" (4.00 / 1)
RE: "I now expect all of these conscience-voting Democrats do stop attending all Democratic caucus meetings, cancel all appointments with lobbyists..."

MY COMMENT: Certainly not! That is a very important part of politicians cultivating their "consciences".


I am curious ... (4.00 / 1)
who has the keys to the closet where Evan Bayh's balls are stored?

there should be primary challenges (0.00 / 0)
for any Senator who votes with Republicans against cloture.That threat should come from Schumer.Its really that simple.This is how Republicans kept unity for a long time.

makehimturnaround


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