Democrats Increasingly Split over Budget Reconciliation
We've written a lot about the controversy over whether the Democrats will try to pass big Obama agenda items (most notably health reform) via the budget reconciliation process. But one dynamic that's presented itself in the last week is the schism, of sorts, between Democratic legislators who strongly oppose the maneuver and those who oppose it in general but want to keep the option on the table. How many in that latter category would agree to support it (however reluctantly) if, months down the line, after a long debate, Republicans refuse to sign on to a bipartisan and comprehensive health reform bill?
At a news conference yesterday, House Speaker Nancy Pelosi offered a fairly full-throated endorsement of the idea: "I believe that it is absolutely essential that we come out of this year with a substantial health-care reform," Pelosi said. "I believe that is best served by having reconciliation in the package."
Earlier this week her deputy, Steny Hoyer, released a flyer attacking powerful Republicans who've flip flopped since the days when they supported Bush efforts to ram his agenda through using the same process. And on the senate side, Majority Leader Harry Reid said yesterday that he's not prepared to "take anything off the table."
Ted Kennedy is chairman of the Health, Education, Labor and Pensions (HELP) committee and the face of health reform in the Senate. But he's also battling brain cancer and has been unable to take as active a role in legislation as he would have under different circumstances.
That's left an opening for Chris Dodd, HELP's ranking Democrat, who issued a statement to me today aligning himself with Reid and the House leadership:
"Everyone's preference is to enact comprehensive health care reform with broad bipartisan support, with no need to use reconciliation. That being said, health care reform is too important an issue not to be done this year; we cannot allow the objections of a handful of people to thwart our efforts on something this important. As we begin grappling with the toughest of issues in health reform in a bipartisan setting, I believe we need to keep all our options on the table.
That's a lot of firepower! But arrayed against it are powerful Democrats who strongly oppose using the tactic under any circumstances -- most notably, Senate Budget committee chairman Kent Conrad--whose budget resolution did not include a directive to use reconciliation--says it's a non-starter. Nobody's yet asked Conrad if he thinks the reconciliation option is so verboten that he'd rather health reform wait another year (or more) than see it passed under those conditions. I've placed numerous calls and emails to his office about that very question, but none have been returned.
Significantly, Conrad is joined by Sen. Max Baucus (D-MT), whose powerful Senate Finance committee is the committee of jurisdiction over health care, and who has taken an early lead in inter-body negotiations over the ultimate shape of reform. He wants reconciliation instructions kept out of the budget altogether. His spokesman, Dan Virkstis, told me today, "he believes that reconciliation would be bad for health care reform," though he wouldn't say one way or another whether Baucus would oppose a reconciliation bill, complete with health reform legislation, if it came to the floor for a vote.
In between the two factions is Sen. Ron Wyden, a finance committee member, and author of a universal health care bill, which is viewed with suspicion by many progressives, but has over a dozen bipartisan cosponsors. I spoke with him today about the possibility that health reform might not happen without reconciliation.
Wyden took issue with that assumption, insisting that comprehensive reform could pass on its own, and with the support of several Republicans. But he was very adamant that health reform would not be lasting if it wasn't bipartisan. "To pass enduring reform, it needs to be bipartisan," Wyden said, though his justification for that belief is somewhat vague: "The history of big issues is you've gotta find some common ground and I think there is common ground."
Still, he refused to engage in any speculation about the question of reconciliation itself. "I'm not going to speculate about any of that, reconciliation being on the table, off the table," he said. "I strongly support the presidents push to do this this year."
Yet, on either side of him sit senators with stronger positions on that question, and, as such, Wyden's role may ultimately have less to do with bringing Republicans over to the cause of health reform than it does with bridging a growing divide between Capitol Hill's most powerful Democrats.
Late Update: An aide to Sen. John Kerry (D-MA)--a member of the finance committee--emails to say, "Senator Kerry believes that we have to reserve the right to use reconciliation, but it is not his preference to do it that way."


















Wyden took issue with that assumption, insisting that comprehensive reform could pass on its own
Oh, I call bullshit on this one.
You keep clicking your ruby red shoes together, Wyden, and maybe some Republican support will magically appear, and all your problems will be solved.
We're screwed, aren't we?
March 27, 2009 3:10 PM | Reply | Permalink
Reconciliation is gonna happen. Pelosi has been sounding pretty strong. Even wimpy Harry Reid (kinda).
Further, it looks like the White House is orchestrating using budget reconciliation to get a lot of stuff through. Check out this excerpt from yesterday's TPMDC Morning Roundup...
Door-to-door lobbying is pretty heavy-duty stuff. You don't blow that political capital on just a budget. But you might if it's a Trojan Horse for getting programs you want through an otherwise filibuster-armed gauntlet.
In theory. But as 718 pointed out, new budgets are made yearly. Next year's budget could have a reconciliation provision that removes sunset on this year's budget items. And Senate GOOPers are likely to be fewer in number after 2010.
March 27, 2009 3:13 PM | Reply | Permalink
I'm really not worried about this. Democrats will do what they need to do to pass health care THIS YEAR. Even scardey cat centrists like Bayh will go for reconciliation if they have to.
Max Baucus has wanted healthcare for 10 years. He's not going to lose out on the opportunity to put his name on one of the most important pieces of legislation in the last 50 years over a procedural issue.
Bayh has said he would prefer not to do reconciliation because that means it's not permanent (only good for the duration of the budget) but that it might be necessary. I think that's a useless worry, however. I'd like to see the republicans run on repealing healthcare after it's been in place for 5 years. Not. gonna. happen.
We'll get healthcare this year. The Democrats know it's our only chance. They also know they owe it to Ted Kennedy.
March 27, 2009 3:20 PM | Reply | Permalink
HOpe you're right.
Democrats have always talked about healthcare, but I seriously wonder if they actually have the political will to turn the talk into actual action.
March 27, 2009 3:32 PM | Reply | Permalink
15-20 years ago it required political will because, although smart pols knew it was necessary, the public simply wasn't there. No more. MOST people not only want healthcare; they're demanding it.
The Dems aren't particularly courageous. In this case, that's a good thing because they're going to give the people what they're asking for. They can't go back to the voters in 2010 and say "we had a president and huge majorities in congress but we punted on healthcare."
March 27, 2009 3:41 PM | Reply | Permalink
This is an excellent piece. Let's all give a cheer for TPMDC for hiring Brian Beutler!
March 27, 2009 3:45 PM | Reply | Permalink
Could be good cop/bad cop theater...
March 27, 2009 3:57 PM | Reply | Permalink
Why is it suprising that people won't commit to a controversial tactic well in advance of when that tactic would be deployed? The politics of that commitment are different for a Senator from Massachusetts vs. a Senator from Montana.
Reconciliation is bad for Max Baucus being at the center of the debate. That's not the same thing as it being bad for healthcare.
Kent Conrad is a different case. I think he's smart enough to give 'no comment' and then be able to throw up his hands when the House and Senate bills are reconciled and say 'It wasn't my doing'. Committing now means months of (even more) GOP bitching.
March 27, 2009 5:32 PM | Reply | Permalink
With all due respect to Senator Wyden that is a blatant why. The civil rights act, SS, Medicare. These things passed NARROWLY with a patchwork coalition getting it through. Progress is hard fought, narrow, and difficult but the benefits cannot be denied.
March 27, 2009 8:36 PM | Reply | Permalink
I don't know why it is so hard to underfreakingstand. We have reconciliation in the bill as a last resort. Dems will fully try to have a bipartisan healthcare bill but if Repubs obstruct like they usually do than we will pass it using reconciliation, one way or the other it will be passed this year. It's not their perogative to do so, but it's a "just in case".
March 27, 2009 8:40 PM | Reply | Permalink
I hope the predictions of passage come true!
Do the Dems not believe the predictions & fears of the Repugnants that Medicare type universal health care (no insurance company involvement) will result in Democratic majorities for years to come?
March 29, 2009 11:50 AM | Reply | Permalink