Health care bill with public option to hit Senate floor next week

by: Chris Bowers

Wed Nov 11, 2009 at 05:00


Senate Majority Leader Harry Reid will send a health care bill with an opt-out public option, and without Stupak amendment language, to the floor of the Senate next week.  From The Hill:

Senate Majority Leader Harry Reid (D-Nev.) late Tuesday laid the groundwork for the Senate's healthcare reform debate to start next Tuesday.

Reid filed a motion to introduce the bill on Monday, Nov. 16. Anticipating a Republican objection, the bill would be pushed onto the Senate calendar.

"A motion to proceed to the bill would be in order the next legislative day," said Reid spokesman Jim Manley.

Reid announced two weeks ago that this bill will contain a public option.  Yesterday morning, he declared that it would not contain the Stupak amendment.

Given the 60-vote culture in the Senate, it will take 60 votes either to remove the public option from the bill, or to add the Stupak language to the bill.  This makes either pretty unlikely (especially the addition of the Stupak language).

This does not mean Reid has secured the votes to pass a public option.  It does mean that Reid has likely secured the votes to start the amendment and debate process on the health care bill.

Unless the Senate uses the reconciliation process, or unless it uses the nuclear option (which it won't), it will have to pass three, 60-vote threshold, cloture votes on the health care.

The first will be to start debate.  The second will be to end debate and proceed to a simple majority vote on the bill.  The third and final vote will happen after the conference committee with the House, to end debate on the bill once again and proceed to one last simple majority vote.  TNR summarizes the process here.

It is likely that Reid has secured the votes to start the debate and amendment process on the floor of the Senate.  There was always minimal opposition to starting debate, even among the five "problem" Senators on health care: Evan Bayh, Mary Landrieu, Joe Lieberman, Blanch Lincoln, and Ben Nelson.

The significance of this is not that Reid has secured the votes to start the amendment and debate process so much as it pushes the timeline for passage of the overall bill forward.  If Reid had not filed a motion to introduce the bill this week, then the earliest floor debate would have started in the Senate would have been the Tuesday after Thanksgiving.  This ups the process by at least two weeks, and gives real hope that the bill will be passed into law by the end of the year.

Another step forward.

Chris Bowers :: Health care bill with public option to hit Senate floor next week

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Four questions (0.00 / 0)
1. Do you expect that this "public option" will be "strong" and "robust"?

2. How many people do you expect will have access to it?

3. Will it substantially "help keep insurance companies honest"?

4. Will it bring America anywhere in line with other countries on health-care costs?


Pass anything and (4.00 / 2)
call it victory."

- Bill Clinton at netroots nation.

Vomit!

Eureka Springs.. looking for a new party.


[ Parent ]
Hm (0.00 / 0)
I'm interested in knowing how the post-Conference process works.

I thought a Conference bill didn't have to go through cloture...or is it the act of sending a bill to Conference that is indisputable?


No... (0.00 / 0)
The conference report (though not the motion to proceed to it) is debatable and hence cloture may be needed to bring it to a vote.

The vote is a straight yes/no. If either house votes no, the bill is back to where it was before the conference was agreed. The rules permit the houses to agree a second conference on the same bill.  


[ Parent ]
No! This is wrong! PO & Stupak not protected by 60 votes (4.00 / 2)

Given the 60-vote culture in the Senate, it will take 60 votes either to remove the public option from the bill, or to add the Stupak language to the bill.  

This is wrong. See David Waldman:

But (what about) an amendment to strip (the public option) out? What happens to that amendment?

Does a public option supporter filibuster it? Maybe. And what do Republicans say to that? OK, great! We'll help! Let's all vote no on cloture on this amendment, and then we'll all just sit and stare at each other until you guys realize that we're stuck on this amendment forever, and we never get to a vote on final passage. Fine with us.

Shorter Waldman: Proponents of the bill can't filibuster amendments they dislike because it's the same as filibustering the entire bill.

This holds for Stupak too. If you need to require 60 votes (i.e. Stupak has more than 50 supporters) you'll have to filibuster. And then the entire bill sits on hold unless/until Stupak supporters agree to withdraw the amendment.

"The White House obviously has a loser mentality - but America rallies around winners."


More from Waldman today (0.00 / 0)

"The Myth of 60, in reverse."

"The White House obviously has a loser mentality - but America rallies around winners."

[ Parent ]
Thank you for this info - (0.00 / 0)
Waldman makes clear the scenario could run several ways.

At a minimum it is too early to conclude, as you say, that PO and Stupak are protected by 60 votes.  

Those who cannot remember the past are condemned to repeat it.

George Santayana, The Life of Reason, Volume 1, 1905


[ Parent ]
Fill the goddam tree already! (0.00 / 0)
The rules offer a way for Harry to get round the problem of limbo amendments which can neither be tabled not clotured away: fill the amendment tree.

The CRS give us a fairly full intro to Senate amendments here.

Bottom line: there are only so many amendments that can be pending at any one time: because Harry has (by practice though not by rule) the right of first recognition, he can introduce amendments such that no one else can.

Thus, he can fix the Senate bill text - he still needs cloture, but there are no complicating factors.

Trouble is, it's completely unsenatorial. My vague recollection: Harry has filled the tree before, but not on a bill as important like this.

Problem for Harry:  if all those miffed senators with their pet amendments deny cloture on his concreted-over bill, he's left with a humiliating climbdown and his credibility (such as it is) completely shot.

Even if Harry did hardball, which he doesn't, this wouldn't be the way to demonstrate his prowess.

Ergo, he won't do it.

(But the rules let him, if he wanted. Just saying.)


Please. (0.00 / 0)
Please do not let this bill pass.  This will destroy us.

I don't care what crazy stuff the Republicans say.  I don't care what brain-dead media jerks say.  

We should be telling Congress that we do not need a mandate to buy bad health insurance that doesn't even cover abortion so that 2% of the population can maybe get a little bit of a subsidy for some basic health coverage.

This isn't a case of the perfect being the enemy of the good.  The good is not on the table.  This is a bad bill - a very very bad bill.  It should fail.

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