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Legal Commentary

: Althouse

If the Republican Scott Brown wins the Massachusetts Senate seat, will it stop the health care bill?

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No, apparently the Democrats have a plan. They'll either pass the bill before Brown is seated or ? in desperation ? have the House vote on the Senate version of the bill. No Senate votes on healthcare once Brown arrives ? that's the strategy.

But wouldn't that shock the American public? If Brown is elected, a key factor will have been the healthcare bill. As the campaign comes to a rolling boil in the coming week, there will be plenty of talk about how the bill is at stake. If the people of Massachusetts elect Brown, it will and should be read as stark antagonism toward the bill. And Massachusetts antagonism should hurt a lot, since Massachusetts is very liberal, and the Massachusetts opinion is informed by real-world experience with healthcare reform at the state level.

Will the Democrats have the nerve to go through with the plan to exclude Brown? Probably! For one thing, Brown only has his opening because Teddy Kennedy happened to pick an inconvenient time to die. Everyone knows Teddy wanted the bill. Gotta do it for Teddy. For another thing, the Democrats have come so far and risked so much. How can they accept failure now? No matter how much it hurts, they will figure out how to deal with that later. Opponents of the healthcare bill may implore them not to make such a terrible, suicidal mistake, but why listen to advice from your enemies?

If they don't do healthcare now, how will they ever get it together to do healthcare reform again?

Full post as published by Althouse on January 09, 2010 (boomark / email).

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