GOP finds loophole in reconciliation ploy [Death of a thousand amendments to ObamaCare]

The Hill ^ | 2/3/10 | Alexander Bolton

[Nachum]

As it turns out, Senate Democrats may not be able to force healthcare legislation through the chamber on a simple majority vote.

Republicans say they have found a loophole in the budget reconciliation process that could allow them to offer an indefinite number of amendments.

Though it has never been done, Sen. Jim DeMint (R-S.C.) says he’s prepared to test the Senate’s stamina to block the Democrats from using the process to expedite changes to the healthcare bill.

[esquirette]

Ballast.

[Mr. Silverback]

Grow up. If the GOP senators wanted this to pass over their objections, they could have done that anytime last year.

[alancarp]

You’re an outight partisan!

[South40]

As it turns out, Senate Democrats may not be able to force healthcare legislation through the chamber on a simple majority vote.

It's that "may not" part that worries me. You can bet the demscum has every legal mind and so-called "constitutional expert" working to find loopholes of their own.

These people hell-bent on turning America into the socialist mecca they envision and they won't stop until they reach that goal.

[alancarp]

oops: “outRight”. I guess Dolphin Phans can’t type.

[Nachum]

2. The Buffalo Bills are given all draft picks for the next 10 years.

Bears, Lions, and Cleveland fans might have an issue with that one.

[chris_bdba]

Thank-you Senators! Now please do it, go to the mat for us on his one and all of you will be rewarded in November with as many republicans as we can send to help you out. :)

[chris_bdba]

I’m thinking it takes a 2/3’s vote to change senate rules.

[sickoflibs]

How about bipartisanship? Obama says he wants to ‘fix’ things. You don't believe him? Why don't we trust him for once?

:) just funning, please dont ping me with FY

Amazing but dems can't give this lost battle up, this is their last chance to do health care in and they think they got so close to passing a bill it kills them.

[novemberslady]

bkmk

[John O]

I read the comments on the linked site. I’m amazed that these people are smart enough to breed. Did they all do too much drugs in the 60’s or something? How can so many people become mentally deranged at the same time?

[Nachum]

How can so many people become mentally deranged at the same time?

Reminds me of a joke: I love humanity, it's just people I can't stand....

[Cboldt]

I don't see the loophole (in the rules) at all. See 2 USC Sec. 641(e)(2). Not to say the rules are sacrosanct, but following the rules does not result in an indefinite debate time to address an indefinite number of amendments.

2 USC Chapter 17a - Congressional Budget and Fiscal Operations

Sec. 641. Reconciliation
(e) Procedure in Senate
(1) Except as provided in paragraph (2), the provisions of section 636 of this title for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b) of this section and conference reports thereon.
(2) Debate in the Senate on any reconciliation bill reported under subsection (b) of this section, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.

Another point worth noticing, is that the budget process is Byzantine. A morass imposed on the Congress, by the Congress.

[mo]

DeMint....clanging brass ones..on a Pubbie!!who’da thunk!!!

[metmom]

One can only hope......

[metmom]

ping

[metmom]

Ya know, I know Buffalo fans are the most loyal in the nation, but you’ve got it bad.

[dpwiener]

I think the pubbies are looking for a loop hole that would allow this to go through but make the pubblies look like innocent victims.

Actually I think it's the other way around. The Democrats are preparing their excuses as to why they can't get a health care bill through the Senate using reconciliation. Their left-wing base has convinced itself that Reid only needs 50 votes (plus Biden) for a sidecar fix which will satisfy the House and get something signed into law. Now the Democrats are agreeing with the Republicans that the unlimited amendment "loophole" may make it impossible, to explain why HCR still fails.

Even if the Democrats were to manage to prevent unlimited amendments, they'd still have to allow a large number of amendments to be voted on. And those would be very painful amendments (they don't have to be germane to the topic) which would force the Democrats to take positions which would alienate one constituent group or another.

At this point the Democrats just want this whole mess to fade away. So they'll keep "searching for a path" and other platitudes to try to sooth their base, but never quite find that path due to all of the Republican obstructionism. Eventually November will roll around, and the elections will either greatly reduce the Democrat majorities in the House and Senate or actually switch control to the Republicans. Either way, socialized medicine will be dead for at least another few years.

[dpwiener]

(2) Debate in the Senate on any reconciliation bill reported under subsection (b) of this section, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.

The loophole is that debate is limited, but not the amendments themselves. So the Senate may have to immediately vote on each amendment rather than debate it, but if there are hundreds or thousands of amendments, that keeps chewing up the clock. Every roll call vote will take at least 15 minutes. Also, if unanimous consent is not given, I believe the text of each amendment would have to be read.

[Amerigomag]

In California, it's the political party, not the candidate, that vouches for the candidate's nationality.

Recently, California elected a Lt. Governor who had no birth certificate and was witnessed to have been born in Mexico to Mexican nationals.

None the less, the California Democrat Party certified that Cruz Bustamante was a US citizen.