Legal Commentary

Health Care Rules Switch May Be a Game Changer

By Jeralyn

So here's the new plan. It's seems very convoluted -- and like something you do in the dark of night hoping nobody figures it out.

The House will say it doesn't have to vote on the Senate bill because it's already been passed by one house. They will present a little "sidecar" of a reconciliation bill, and it all goes right Obama for signature and the obvious proud statement he'll make: he's passed the most important legislation of the last three decades.

What do we get? No public option, for one thing. [More...]

Here's a bit as to how it goes down:

The tactic -- known as a "self-executing rule" or a "deem and pass" -- has been commonly used, although never to pass legislation as momentous as the $875 billion health-care bill. It is one of three options that Pelosi said she is considering for a late-week House vote, but she added that she prefers it because it would politically protect lawmakers who are reluctant to publicly support the measure.

As to the sidecar, which seems to be the reconciliation portion,

Under reconciliation rules, it is protected from filibusters and could pass the Senate with only 50 votes, but can include only provisions that would affect the budget.

McClatchy raises some constitutional issues with this kind of passage. Here's an opposition memo that at least is in plain English.

Full post as published by TalkLeft on March 16, 2010 (boomark / email).