Byrd open to reconciliation fix, leaving no doubt the Senate has the votes

by: Chris Bowers

Fri Mar 05, 2010 at 10:27


Via lord_mike in quick hits, Senator Robert Byrd is open to using budget reconciliation to fix the Senate health reform bill.  Byrd's staff writes into a local West Virginia newspaper:

I believed then, as now, that the Senate should debate the health reform bill under regular rules, which it did. The result of that debate was the passing of a comprehensive health care reform bill in the Senate by a 60-vote supermajority.

I continue to support the budget reconciliation process for deficit reduction. The entire Senate- or House- passed health care bill could not and would not pass muster under the current reconciliation rules, which were established under my watch.

Yet a bill structured to reduce deficits by, for example, finding savings in Medicare or lowering health care costs, may be consistent with the Budget Act, and appropriately considered under reconciliation.

This is the end of the reconciliation whip count.  If Robert Byrd is OK with a reconciliation fix, then there is no longer any doubt the Senate has the votes for a reconciliation fix.

How meaningful is Byrd's support?  In 2009, Byrd switched his vote on the federal budget from "yea" on April 2nd, to "nay" on April 29th, entirely because the April 29th version of the budget left open the possibility of using reconciliation for health care (the April 2nd budget did not).  From Byrd's statement at the time:

"I like this budget.  I support many of the policies that the President's budget embraces - including middle-class tax relief, and badly needed investments in our nation's infrastructure - but I cannot, and I will not, vote to authorize the use of the reconciliation process to expedite passage of health care reform legislation or any other legislative proposal that ought to be debated at length by this body."

"Using reconciliation to ram through complicated, far-reaching legislation is an abuse of the budget process.  The writers of the Budget Act, and I am one, never intended for its reconciliation's expedited procedures to be used this way.  These procedures were narrowly tailored for deficit reduction.  They were never intended to be used to pass tax cuts, or to create new Federal regimes.  Additionally, reconciliation measures must comply with Section 313 of the Budget Act, known as the Byrd Rule, which means that whatever health legislation is reported from the Finance Committee or legislation from any other Committee that is shoe-horned into reconciliation will sunset after five years.  Additionally, numerous other non-budgetary provisions of any such legislation will have to be omitted under reconciliation.  This is a very messy way to achieve a goal like health care reform, and one that will make crafting the legislation more difficult."

If Byrd is now open to a reconciliation fix after writing that last year, then the Senate will do a reconciliation fix.

It is also worth noting that Byrd actually becomes the 51st Senator to make a public statement indicating openness to the reconciliation process (the "yes" and maybe" votes in the link now combine to 51).  So, this statement doubly ends any doubt about the Senate having the votes to pass a reconciliation fix.

Byrd's staff also had some fun writing into the local newspaper:

With all due respect, the Daily Mail's hyperbole about "imposing government control," acts of "disrespect to the American people" and "corruption" of Senate procedures resembles more the barkings from the nether regions of Glennbeckistan than the "sober and second thought" of one of West Virginia's oldest and most respected daily newspapers.

As Natasha said to me this morning, "let's never take a trip to the nether regions of Glennbeckistan." [Homer Simpson revulsion noise]

Chris Bowers :: Byrd open to reconciliation fix, leaving no doubt the Senate has the votes

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Fun post and good news. (0.00 / 0)
I like his staff.

wait (4.00 / 1)
Byrd is still alive?

Interesting how the rule mirrors exactly what the president wants (4.00 / 2)
They can't do the public option this way, but they can do other things this way. I get the feeling if the issue was "can we use reconciliation to declare war on Alaska" they would find some way to say yes, but ask them to not use process to hide behind, then suddenly the rules are impenetrably difficult. Whatever little trust I had is gone.

This statement from Byrd makes one wonder if Obama needs to delay a bit further. (0.00 / 0)
I'm not convinced that the public option is dead, that the votes are not there or will be there at some future date not too far off.

no as I remember he's careful to thread the needle the way (4.00 / 2)
that the president wants the bill to look by claiming the process can work in one way for what the president wants, but then not another for what progerssives want.

[ Parent ]
The mourning of the loss of healthcare reform.... (0.00 / 0)

has officially begun with your post today.

http://psychcentral.com/lib/20...

Last nite you announced that you would hand the baton to Adam@PCCC for the HCR fight. There was an unfair firestorm of criticism against you, Chris. In trying to undertand this I will offer this. Unlike PCCC,DFA or others, your fight included many of us: making calls, providing reliable information from staff and even some who talked directly with their Senator to verify their vote for the Public Option through reconciliation; in general huge support for what you were doing.

http://www.openleft.com/diary/...

Thousands have signed on to your effort, evidenced by the numbers visiting the whip count page everyday. PCCC et al do not invite participation beyond asking for petition signatures or donations but there's no direct involement. You have proved that many of Senators' public commitments are a result of this effort. This is closer to a true democratic process than any that I have witnessed. Even when faith has wavered for the WH or Senate to get true reform done, many truly believe our efforts were making a difference and why so much was invested in this both time and emotion. By ending this campaign, it contributes to the potential demise of the PO push or, more important, to the Senate's vote being held in reconciliation. We need to know which Senator's are against the PO.

So, worse than BO's failure to deliver on his promise; Senators bowing to special interests; HC companies gouging us or denying coverage - these were to be expected by those of us waging the battle for comprehensive reform.
But the loss of our grassroots/volunteer campaign is truly devastating. Chris,I will not criticize you, for you have done so much progressive causes, but I wished that you had gathered your volunteers and discussed the realities before the decision was made. I know you will NOT stop fighting and neither will many others, it just that we were so much stronger united than alone.

The reaction. or lack thereof to this diary, gives proof that we are in the denial stage......over this loss.



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