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Go Home Is It Really 60 Votes or Bust for Health Care?

THE STASH SEPTEMBER 8, 2009

Is It Really 60 Votes or Bust for Health Care?

One question I had while reading Jonathan Cohn's excellent item about the legislative status of health care reform. It comes from this section of his account:

But if Snowe signs on, according to nearly every person I consulted, it’s quite possible the legislation she supports would become the Senate’s bill with very little change--and that, in conference, the Senate bill would prevail. She’d hold the leverage, as long as the administration and Democratic leadership prefer to pass pass legislation with 60 votes. And that certainly seems to be the inclination of Obama and his advisors. (It's harder to tell about Congress, particularly the House, but they're unlikely to challenge the White House openly on this.)

Unless, of course, it never gets that far. Snowe may not sign on; even if she does, one source close to the process notes, she "may not bring a sufficient number of conservative Democrats" to reach 60. If that happens--if consensus proves elusive, for whatever reason--then Obama and his allies would focus on trying to pass a bill through reconciliation. And they would move quickly.

Now, Jonathan is very well-sourced on this subject, so I'm fairly certain this is the view of key decision-makers in the White House and on the Hill. I guess the question is: Why does it have to be 60 votes or reconciliation? If we don't get 60, why can't Democrats just take the 54,55, 56 votes they have and dare Republicans to filibuster? (Or, better yet, dare moderate Democrats to filibuster, since you'd probably need one or two of them to sustain it, and since they'd suffer a lot of the fallout if health care reform failed.) As I've said before, I really don't think there are enough votes to sustain a filibuster on this issue, though I'm willing to reconsider if someone can show me where I'm going wrong.

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This would be a much more reassuring post if Harry Reid were not the Democratic leader. But just for the hell of it, I'll repeat here what I've written elsewhere earlier today, in hopes that maybe health care can spur a further reform effort to bring democracy back to the Senate. Perhaps it's time to propose a new constitutional amendment:

A simple majority of members present shall be sufficient to decide any matter in either House of Congress, except as specified in this Constitution.
Given that the filibuster has been used consistently for evil ends, and rarely for the good of the republic, it's high time to outlaw it. The delicious thing about proposing this as a constitutional amendment is that amendments are traditionally not subject to filibuster -- so in order to prevent a vote on this amendment, opponents would have to demonstrate the need for it. Simply having the debate, and using a "nuclear option" procedural ruling to break the inevitable filibuster, would go a long way toward ending the effective supermajority requirement for all legislation in the Senate.

- rhubarbs

September 8, 2009 at 5:11pm

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