So now it looks like the possibility of passing a healthcare reform fix in the Senate via budget reconciliation is going down the toilet:
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.
Experts on Senate procedural rules, from both parties, note that such a filibuster is possible. While reconciliation rules limit debate to 20 hours, senators lack similiarconstraints (double sic) on amendments and could conceivably continue offering them until 60 members agree to cut the process off.
[...]
House Democrats have said they would not pass the Senate healthcare bill unless changes are made through reconciliation, which is necessary because Republicans control 41 Senate seats, enough to block legislation through the regular process.
But Republicans may end up having that power even under reconciliation.
“You could keep offering amendments until you don’t have any more to offer,” said a congressional aide, who said he did not know how long senators would be willing to stay in the chamber to move the reconciliation package. “What the body’s tolerance would be is unknown.”
A former Senate Republican leadership aide said: “The limit is on debate, not on consideration of amendments.”
This would be practically like an old-fashioned filibuster. Republicans would have to stand there and offer amendment after amendment. After they ran out of anything that sounds remotely sensible, they would have to offer one totally ridiculous amendment after another. The obstructionism would be as clear and self-evident as standing there and reciting the phone book.
So, could this be the time that Democrats will say to Republicans: “Go right ahead, suckers, bring the Senate to a grinding halt. Let’s see how long you can keep it up. We’ll make sure it’s splashed all over the news every single night till you call it off. We’ll make sure every last American hears about it, and understands exactly where the process of government is broken, and exactly who is responsible. We’ll make sure every last American understands exactly what level of obstructionism Republicans have been displaying for the last three years, and how totally unprecedented it is.”
No, I don’t think so either. Healthcare reform seems to have suddenly become the new national security. Democrats just know that public sentiment is with Republicans. They are terrified of making an issue of it, of forcing this kind of showdown. They are worried-to-death that Americans will regard Republican resistance to healthcare reform as heroic.
So how else can Democrats fight this filibuster-by-amendment plan?
Reid or another Democrat could make a point of order that using amendments to stall a reconciliation bill violates the spirit of the Budget Act of 1974, which sets up for expedited consideration of budget-related bills.
Reid or another Democrat could argue that offering unlimited amendments violates the spirit of limiting debate.
The parliamentarian has ruled that the limit on debate does not allow senators to filibuster the motion to proceed to a reconciliation bill. The parliamentarian could rule that the same concept applies to amendments.
And here’s the considered judgment of The Hill on the possibility of Democrats seeking “a ruling by the parliamentarian that Republicans are simply filing amendments to stall the process”:
But such a ruling could taint the final healthcare vote and backfire for Democrats in November.
I have no idea what the hell “could taint the final healthcare vote” even means. But it sounds like just the kind of phrase that’s capable of paralyzing Democrats.
One thing’s for sure, it certainly looks like House members were right to insist that they jolly well weren’t going to pass the Senate healthcare bill without ironclad guarantees that the Senate would make the agreed-upon changes via reconciliation.
It’s funny how Republicans are able to keep inventing a new killer obstructionist tactic every time they need one. And how Democrats keep finding new and inventive ways to demonstrate “No sir, no can do!” in glorious technicolor.