It appears that Democrats in Congress have decided to use the budget reconciliation process—which allows the Senate to approve legislation with 51 votes rather than the 60 needed to quash a filibuster—in their effort to pass sweeping health care reform legislation.
For two months some Democratic leaders in the Senate, especially Sens. Kent Conrad (D-ND) and Max Baucus (D-MT) have claimed that health care reform legislation is too costly and important to force it through the reconciliation process. Both senators are from relatively conservative states, and Conrad stands for re-election next year, so they don’t want to rile their constituents.
For example, Conrad was quoted earlier this week as saying, “Virtually everyone who has been part of these discussions recognizes that reconciliation is not the preferred way to write this legislation,” and “the administration wants to have a reconciliation instruction as an insurance policy.”
But there are at least four reasons why moving the legislation through reconciliation is a really bad idea.
1. It will poison the Senate, and the House for that matter, even more than it is. Republicans are adamantly against this approach. Using the normal legislative process, Democrats have a chance of picking up several Republican votes. But reconciliation will likely make it a party-line vote.
2. The legislation could be torn to shreds. Reconciliation is a budget process. Any part of the legislation that doesn’t affect the budget could be called on a “point of order.” The Senate parliamentarian, a non-elected individual, must then decide if the provision is “germane.” If not, it’s dropped—referred to as “Byrd droppings” after Sen. Robert Byrd (D-WV).
3. It would be temporary. Reconciliation only lasts the budget cycle, usually 10 years. Then it reverts back to the status quo ante, unless it can be made permanent later.
4. It sets a precedent for when Republicans are in control again. Republicans will likely be in the majority again some day. And Democrats will want to weigh in on important legislation. Using reconciliation opens the door for expanded uses and abuses of the system, and silences those elected to represent the people.
Democrats are taking a very ill-advised step in using reconciliation to pass one of the most costly bills in history. Well, at least it would have been had they not already passed the most costly bills in history.
The mainstream media will give them a pass; the American people may not be so forgiving.