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American Principles Project Blog

Contributions by the American Principle Project and its collaborators
Mar 11
2010

Health Care: Slaughter House Rules

Posted by: Thomas Peters in APP Blog

Thomas Peters

It's appearing more and more likely that the House is going to use a controversial house provision to push through Obamacare (as if the reconciliation process being invoked in the Senate was not already controversial enough).

Brian Darling at the Foundry blog has a good explanation of what is being concocted:

House members have come up with a unique way to structure a vote that attempts to avoid the House voting on legislation before it goes to the president.  First, the House Budget Committee will report out a reconciliation bill.  It is unclear as to whether the Stupak Amendment will be added.  This reconciliation measure would be reported for consideration by the House of Representatives as a whole.

Speaker Nancy Pelosi (D-CA) would then package the Senate passed Obamacare bill and the House reconciliation measure into one measure.  The House rules committee will report out a rule that will allow the Senate passed Obamacare bill to pass the House without a vote.  The rule will be self-executing in the sense that the House will have been deemed to pass the Senate Obamacare bill if the House can muster the votes to pass the reconciliation measure.  The House has used this  procedure in the past during a debate on funding the Global War on Terror and in passing debt limit increases under the “Gephardt Rule.

A report from NationalJournal.com confirms that this may indeed be the Democrat plan.

Jay Cost writes that there is no chance for Stupak's language to survive unless the House is presented with a new bill (i.e., the Senate moves first). Cost provides a helpful decision tree:

Similarly, the Democrats cannot promise the final bill will retain Stupak language:

Cost's conclusion:

I think the only solution for Stupak is somehow to find a way for the Senate to act first on abortion. This is the most important point: when Stupak and his bloc cast their votes in the House, their leverage is completely gone. That's the only power they have in the process. If they are induced to go first, they will lose to the Senate liberals.

The only way for Stupak language to survive "final passage" is for the Senate to move first. If the House moves first to approve the current Senate language, that can only mean Stupak's language will perish - in fact, it will never survive its introduction.

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