Motley Moose – Archive

A startling development in the recent Senate reconciliation process:

Senate Republicans succeeded early Thursday morning in finding two flaws in the House-passed health care reconciliation package. Neither is of any substance, but the Senate parliamentarian informed Democratic leaders that both are in violation of the Byrd Rule.

J Taylor Rushing – Healthcare bill headed back to the House after marathon Senate push The Hill Post 25 Mar 10

So back to the House it must go, but here’s the thing:

Democratic leadership no longer has to worry that additional amendments would send it back to the House, since it must return to the lower chamber regardless. The Senate is now free to put to the test that much-debated question of whether 50 votes exist for a public option. Democrats could also elect to expand Medicare or Medicaid, now that they only need 50 votes in the Senate and the approval of the House.

Ryan Grim – Byrd Rule To Send Health Care Back To House, Rules Parliamentarian Huffington Post 25 Mar 10

The expectation is that if the Senate dared the will is there in the House:

The Huffington Post interviewed House Majority Whip James Clyburn (D-S.C.) on Wednesday evening and asked if he thought he could have gotten the public option back through a second time, when the House voted on Sunday, even without those members who had left. “Yes, sir,” he said emphatically.

Ryan Grim – Byrd Rule To Send Health Care Back To House, Rules Parliamentarian Huffington Post 25 Mar 10

Hmmm…

New England Journal of Medicine, Sep. 2009

No word from Senate leadership of intentions but the opportunity is there:

The Senate held 10 hours of continuous, marathon voting starting at 5 p.m. Wednesday, with Republicans trying throughout to lodge a successful objection to the bill to force its return to the lower chamber. The bill’s passage by the House is a safe bet, prompting Senate GOP Whip Jon Kyl (Ariz.) to call Frumin’s ruling “a consolation prize.”

J Taylor Rushing – Healthcare bill headed back to the House after marathon Senate push The Hill Post 25 Mar 10

Indeed, but according to the Huffington Post:

The question then becomes whether House Speaker Nancy Pelosi (D-Calif.) could pass the reconciliation changes with a public option. She has long maintained that the House has the votes to do so. Indeed, it did so in late 2009. Since then, however, two members who supported the public option are no longer in the House. But with fewer members, the House also needs two fewer votes than the 218 required for a majority in November, alleviating some of that pressure.

Would they have the votes?

Ryan Grim – Byrd Rule To Send Health Care Back To House, Rules Parliamentarian Huffington Post 25 Mar 10

Don’t know if we’re tilting at windmills here, but perhaps opportunity beckons.  Early morning for Rahm, I’m guessing.