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Who Are the 13 Senate Democrats Holding Out On the Public Option?

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Senators Nelson (D-NE) and Lieberman (I-CT)

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Two crucial questions hang over the Senate. Will it pass Democrat-only health care reforms? And can a public option survive the whims of the so-called budget reconciliation process?

If the answer to both questions is yes, then the public option could survive in the stasis-oriented upper chamber. But if the answer to the second question is "no," then the Democrats will a lot of whipping to do. Below are the key hold outs.

One thing that's striking about this the list is how reluctant senators are to take a firm position. Compare that to the situation in the House, where dozens of liberals have vowed that they'll oppose any health care bill without a public option, and it casts some doubt on the conventional wisdom that health care reform will pass without a public option after the Congressional Progressive Caucus caves to pressure from Democratic leadership and conservatives in their own party.

The Waverers

Sen. Max Baucus (D-MT) has perhaps more power than any single person in Congress to shape the direction health care reform will take. And though he tells his supporters in Montana that he "wants a public option," he's also been at the helm of negotiations over legislation that will almost certainly not include a public option.

By all accounts, Sen. Tom Carper (D-DE) would support a health care bill with a public option--but he's not about to make a big fuss if the final legislation doesn't create one.

Sen. Jon Tester (D-MT), like his Delaware colleague, isn't a public option foe--but nor is he a particularly staunch ally. "I don't need it either way," Tester told the Associated Press today. "I could either support it or not support it. It's all in the design."

Sen. Mark Warner (D-VA) isn't particularly eager to see a public option--but like so many Senate centrists, he doesn't rule it out. However, Warner, like Tester, enjoyed a lot of electoral support from the progressive grassroots, and so tends to obscure the issue when asked whether he'd support a government run insurance plan.

Late update: A Warner spokesman tells me that the senator would vote for a bill with a public option in it, as long as the reform package lowers costs.

Sen. Blanche Lincoln (D-AR) has a problem. Though a well known pol in Arkansas, she's up for re-election next year and, according to recent polls, she's running in a statistical dead heat with two relatively unknown Republicans. So though she's articulated an openness to a public option in the past, she's also suggested she might just vote against the whole package.

Sen. Mark Pryor (D-AR), unlike his Arkansas colleague, is not up for re-election next year, and so says, "A public option plan is something that is still on the table and something [I] could support, but it should be designed in a way that increases and does not eliminate competition."

Sen. Evan Bayh (D-IN) hasn't said much about the public option lately. Several months ago he insisted he was "agnostic" about it. But progressives are concerned that he'll be influenced by his wife, who sits on the board of Wellpoint--one of the country's largest insurance companies.

The Mysteries

Nobody really knows where Sen. Bill Nelson (D-FL) will fall on the question of the public option. According to the website Open Left, he told them he's a maybe. But that's not good enough for the DNC's political arm Organizing for America, which recently held events outside his offices around the state of Florida.

Like the other Nelson, Sen. Ben Nelson (D-NE) is an unknown quantity. He has voiced both opposition and support for the public option and has by and large avoided the question since the Senate Finance Commitee began moving away from endorsing one.

Sen. Mark Begich (D-AK): An unknown quantity who's been about as liberal as you can expect for a Democrat from Alaska.

Sen. Kent Conrad (D-ND) is like bad cop to Baucus' good cop. He refuses to announce a personal position on the public option because he views it as "moot"--a measure that doesn't stand a chance in the Senate. So though nobody knows for certain how he'd vote--procedurally or otherwise--on a bill or a conference report with a public option in it, he's been the loudest voice in the Senate in calling for a system of privately run, non-profit health care co-operatives--a compromise House progressives regard as a non-starter.

The Haters

On the day the country mourned the death of health reform giant Ted Kennedy, Sen. Mary Landrieu (D-LA) said that there are very few circumstances under which she could support a public option.

Sen. Joe Lieberman (I-CT) says he's a no.

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51 comments

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August 27, 2009 2:44 PM   

"Vote to pass" or "Vote to end debate on"?

How many of them will vote against cloture on a conference committee report containing a public option?

There is -- or ought to be -- a qualitative difference, a difference in nature between voting against your party on a cloture vote and voting against your party on a bill.

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August 27, 2009 3:37 PM    in reply to Davis_X_Machina

Right -- that's the thing. They vote for cloture regardless of their vote on specific amendments or final passage -- or it goes to reconciliation. Then you only need to get five of these 13, which sounds to me like an entirely doable proposition -- especially if we turn up the heat.

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August 27, 2009 7:27 PM    in reply to Moose49

The "Waverers" mostly seem like they would vote for a conference report that included a public option - Baucus, Carper, Tester, Warner, Pryor all look like they would make no trouble over a conference report.

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August 28, 2009 2:13 AM    in reply to jkenney

Did Carper {D-DE] take Biden's seat? Does Biden have any influence with him?

One BIG way Biden could honor Kennedy would be to get over to the Senate and twist some of the arms of his "good buddies."

God, they are worms!!!

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August 28, 2009 2:45 AM    in reply to Davis_X_Machina

Conference reports can't be filibustered (or amended) so cloture isn't an issue. (See my comments at 2:42 a.m. for bigger concerns.)

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August 28, 2009 8:47 AM    in reply to Satorist

Motion to procede to the report can't, but the conference report itself can, IIRC

Doesn't happen often, but can happen

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August 27, 2009 3:04 PM   

Landrieu's the only one who's said anything about cloture, as far as I know. She seemed to indicate her vote for cloture would have to be bought.

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August 27, 2009 3:31 PM    in reply to The Commenter Formerly Known as NCSteve

That's the American way, and it's been so forever. It's not a difficult message. You want to see some reconstruction money for New Orleans? Get on board. Or else.

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August 27, 2009 3:36 PM    in reply to mans_best_friend

Better to say no more water project money for the rest of Louisiana. I doubt conservatives could care less about New Orleans.

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August 27, 2009 3:49 PM    in reply to ericf

Whatever. There is an old story about a young congressman who was giving his party leadership a hard time. The whip called him into his office, sat him down and showed him a picture of a bulldozer.

"Do you know what that is?" asked the whip.

"Sure" replied the young congressman, "It's a bulldozer."

"Well then you'd better get with the program, son, or this picture is as close as you're ever going to get to seeing one if these in your district."

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rb6

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August 27, 2009 3:32 PM    in reply to The Commenter Formerly Known as NCSteve

A true Louisiana politician, where principles are measured only in dollar signs.

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August 27, 2009 3:16 PM   

If there are 13 of them it doesn't matter. We need at least 50 Senators (with Joe Biden breaking the tie) to pass a bill in budget reconciliation.

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rb6

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August 27, 2009 3:28 PM    in reply to Darrius

Uh, no. I don't see Tester, Warner, Carper or Pryor voting no in an up or down vote on health care reform. They don't want to be in the firing line for their friends in the industry but they would never be able to show their face again in a progressive forum.

I think Bayh would also have a difficult time voting no, because it would be almost impossible for him to overcome the inference that he is voting for his own personal gain.

I am not as confident about Begich and Nelson from Florida -- the former is too new, and the latter is still probably trying to figure out how it will affect his Medicare constituents ("I've got mine! How dare anyone else try to get theirs!") Odds are that no more than one of those two would atually vote no.

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August 28, 2009 2:15 AM    in reply to rb6

It makes me physically ill to think that I responded to the pleas from, and donated to, Warner, Tester and Begich.

All that talk about "more" Democrats. We sure didn't get "better" ones.

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August 27, 2009 3:25 PM   

Wyden must have come out in favor. So we need to snag another three to get to the 50 threshold to pass under reconciliation. That's doable.

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August 27, 2009 6:35 PM    in reply to cmpnwtr

I think Wyden is still sitting on the fence. He says his first choice is the Healthy Americans Act which is not a public option. Then he says he'd support a public option if it were fiscally sound. I think he's trying to play it both ways but is still bought and paid for by insurance industry. He won't get my vote again. People in Oregon need to contact him and tell him to fight for the public option or look for a new job next year.

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August 27, 2009 7:16 PM    in reply to redcat

At least 3 times in the last month. Keep bugging him.

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August 27, 2009 9:12 PM    in reply to redcat

Wyden'll come around as soon as he sees the body of his own bill carried out of the conference committee. It's like the old dynamic of a favorite-son presidential candidate and an open convention.

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August 27, 2009 3:27 PM   

I don't want to kill the suspense of the 13 "waverers". But (SPOILER ALERT) check out each one's campaign contributors at opensecrets.org.

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August 27, 2009 6:58 PM    in reply to tpmgary

Somehow, I'm just... not... feeling.... that ... much .... suspense. ;)

Hmmm... I'll take Big Phrarma and Big Insurance for $20 million?

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August 27, 2009 3:33 PM   

This is not a good sign. 13 is a big number. If Reid plays hard ball, more will bolt away from Public Option as opposed to other way around.

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August 27, 2009 3:35 PM   

Joe LieberSchmuck (Likud-CT) is no surprise.  Aetna and Cigna are headquartered in CT.

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August 27, 2009 4:10 PM   

It pains me to tell you, but I just heard our Senator Amy Klobachar on the radio from the MN State Fair. I would list her as a definite Waverer. She even said as much when a caller asked her point blank about the Public Option. Her responses started in effect, I wish I could just give an automatic response to that question but....
It went down hill from there.

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August 27, 2009 6:09 PM    in reply to dotz

Amy is not a Blue Dog but she is a tool. If she is waivering it's a good sign she hasn't gotten her instructions from party leadership or the Obama administration.

I began my revolt by voting against Amy and I have never regretted it. Amy is not a liberal. Amy is not a progressive. Amy is not a moderate. Amy is not a centrist.

Amy is no Humphrey or McCarthy or Mondale or Wellstone or Franken. Amy doesn't stand for issues. Amy stands for Amy.

We have far too many Amys in the Democratic Party. If healthcare fails it will be as much the fault of the Amys as the Republicans or Blue Dogs. The Amys should be putting pressure on the others, twisting arms, representing their true blue constitutents. Instead they represent only themselves.

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August 27, 2009 9:55 PM    in reply to bluebell

Spoken like someone who actually knows Amy Klobuchar.

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August 28, 2009 2:28 AM    in reply to Joe Bob

>Spoken like someone who actually knows Amy Klobuchar.

He may. She hasn't grown a spine since her first days as County Prosecutor, when a cop blew through a light and killed two people. "Not a matter for my office to be involved in", she said. She hasn't changed.

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August 27, 2009 4:28 PM   

Hey, Rahmbo how's that kissing up to Liebertwit working out now? Watch Rahmbo and BamBam still go out and campaign for Liebertwit next year.

As far as Landrieu, she just needs a little hardball politics from Reid which will never come because apparently Reid thinks he was only supposed to do that when he was a boxer 50 yrs ago.

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August 27, 2009 5:44 PM    in reply to aikbay

Lieberman isn't up for election next year.

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August 27, 2009 8:23 PM    in reply to SqueakyRat

Oy vey, we have to put up with him till 2012?????? All I want for Christmas is for somebody to pie him.

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August 27, 2009 4:35 PM   

Where's the President here? If his own position on the public option weren't so WEAK, these senators would be far less inclined to drift into their own perceived political safety zones. Time for the bully pulpit, that is, unless the President is happy with things as they are now. (He too, received a ton of cash from the big players.)

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August 27, 2009 4:50 PM   

How can these spineless, corporate schills even claim to be in the same party as Ted Kennedy?

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sbv

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August 27, 2009 5:29 PM   

so it comes down to: not what a majority of americans want, not what an overwhelming majority of americans voted for our president to pass health care reform with a public choice, not what is best for our country's economy; but rather what is best for their next primary, campaign donations and re-election.

they can put "any kind of lipstick on this pig" but the truth will be known and we will come out in their districts and states in their next primary and let our voice be heard through our vote against!

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August 27, 2009 6:05 PM   

The insurance companies have their own public option--it's called bought members of Congress,also known as honest politicians, that is those who are bought who stay bought. The money changers will always be in the Temple of Government and are far beyond the front porch.

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August 27, 2009 6:18 PM   

Here's a contact list of all of these guys (and more)

http://tpmcafe.talkingpointsmemo.com/talk/blogs/observer2/2009/08/public-option-senate-contact-l.php

Senate Finance Committee is highlighted.

It's worth keeping pressure on all of them, because we need to sure up the yes votes, and keep even the no votes from supporting a fillibuster.


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August 27, 2009 6:25 PM   

Why did these people run for government if they were not going to improve Americans lives?
Sen. Evan Bayh (D-IN) hasn't said much about the public option lately. Several months ago he insisted he was "agnostic" about it. But progressives are concerned that he'll be influenced by his wife, who sits on the board of Wellpoint--one of the country's largest insurance companies.

Bayh is never going to vote for universal health he's in bed with big insurance (his wife). If i were Obama i'll call all dems in and tell them if they don't vote for this bill i will hand pick a dem to run against you and i will come to your state and campaign for him to replace you. So vote for it or go back to your state and start looking for a job, with health care.

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August 27, 2009 7:07 PM    in reply to spytheweb

Why did these people run for government if they were not going to improve Americans lives?

They do it to improve their own lives. In lots of ways. There's the ego massage involved in being Important, and having people kiss up to you. And then there's.... the money. Not so much while they're in office -- a little too dangerous -- but their seat is a sure meal ticket to a seven- or eight-figure K Street gig whenever they want it.

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August 27, 2009 6:26 PM   

Why did these people run for government if they were not going to improve Americans lives?
Sen. Evan Bayh (D-IN) hasn't said much about the public option lately. Several months ago he insisted he was "agnostic" about it. But progressives are concerned that he'll be influenced by his wife, who sits on the board of Wellpoint--one of the country's largest insurance companies.

Bayh is never going to vote for universal health he's in bed with big insurance (his wife). If i were Obama i'll call all dems in and tell them if they don't vote for this bill i will hand pick a dem to run against you and i will come to your state and campaign for him to replace you. So vote for it or go back to your state and start looking for a job, with health care.

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August 27, 2009 6:50 PM   

My guess is that a lot of these fence-sitters are just waiting to see if it looks like it's going to pass. What all congresspeople like is to be on the winning side. If it starts to look like it's going to pass, they'll jump on the bandwagon quickly enough. If it looks like it's going to fail, they'll jump off just as fast.

This is called "leadership".

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August 27, 2009 7:01 PM   

So we need four or five of these people to pass a bill using reconciliation. I am guessing that will be more than doable. I am glad Lieberman is against it. Somehow it makes me feel good to pass legislation in spite of his 'no' vote. My senators are and congressman are all on board for passing a public option. I just wrote them yesterday and asked them to fight to get the bill passed in the senate even if it takes using reconciliation. We know it's going to pass in congress. I hope they get a very strong vote on the single payer vote when it comes up in the house as well.

If you are a consituent of one of the fence sitters, with the exception of Lieberweenie, I suggest getting on the phones, fax, and email and making sure your opinion is registered.

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August 27, 2009 7:05 PM   

"(I-CT)", note the "I," is not a democrat.

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August 27, 2009 7:05 PM   

Feinstein is a mystery, no? She won't commit to constituents, at any rate.

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August 27, 2009 7:51 PM    in reply to Rockridge

Not true. I called her office and they read a statement that she would be supportive of a public options under certain conditions. I read that as political cover that the PO would be a cost saver. But she's not on any committee.

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August 27, 2009 7:53 PM    in reply to Rockridge

We start with something like 45 votes solid.

I think we easily have 5 to get to 50. And it looks good to get to cloture. Only Landrieu and a few others would hold out. Perhaps could be cajoled or bought off.

Seems very doable, if we could ever get the Senate to give up on Baucus Circus, which will never produce anything worthwile.

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August 27, 2009 9:35 PM   

You had me fooled. You said Demoncrats and then you went and mentioned Evan Bayh. That guy hasn't been a Democrat for a long time. He is a moderate Southern Republican, or what passes for moderate these days. Sold his soul to casinos and political power brokers in Indiana as Governor. He's a hack.

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August 27, 2009 10:57 PM   

Joe Lieberman is a miserable disappointment to our country. There are some people you would never turn your back on and he is one of them. Beware off this snake at all costs.

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August 28, 2009 12:00 AM   

Vote! Go for it. Vote the public option in. Hell, vote for single payer. Just do IT!

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August 28, 2009 12:02 AM   

I want to know who the 15 republicans Ron Wyden reportedly has on board with the bill he's drafted.

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August 28, 2009 8:58 AM    in reply to mikedrevguy

I think you're referring to S. 391 and the following cosponsors (per Thomas.loc.gov):

Republicans:
Sen Alexander, Lamar [TN]
Sen Bennett, Robert F. [UT]
Sen Crapo, Mike [ID]
Sen Graham, Lindsey [SC]
Sen Gregg, Judd [NH]

DINOs:
Sen Landrieu, Mary L.
Sen Lieberman, Joseph I. [CT]
Sen Nelson, Bill [FL]
Sen Specter, Arlen [PA]

Democrats:
Sen Cantwell, Maria [WA]
Sen Inouye, Daniel K. [HI]
Sen Kaufman, Edward E. [DE]
Sen Merkley, Jeff [OR]
Sen Stabenow, Debbie

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August 28, 2009 12:12 AM   

You forgot the Invertebrate Bingaman.

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August 28, 2009 8:14 AM    in reply to WOODY

I wouldn't worry about Jeff Bingaman. He is our guy sitting in negotiations with the Gang of Six, so he is not running his mouth. Bingaman will do the right thing on health care.

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August 28, 2009 2:42 AM   

There are two procedures by which to get a simple majority vote on a bill in the Senate, neither one is likely to end up with a public option included in a bill for initial consideration. It is therefore very interesting that, of the two procedures available, the Senate seems determined to choose the more extraordinary of the two--the one most likely to prevent the public option from ever being included a bill for final consideration: Budget Reconciliation procedures. Sadly, liberal grassroots networks like this one are actively complicit in this effort.

Normally, the Senate would initially consider and pass by a simple majority a bill containing whatever provisions are acceptable to avoid a filibuster--in this case, a bill without a public option. The House would consider and pass its version of a bill, presumably including a public option. House and Senate negotiators would then resolve the differences between the two versions of the bill and, presumably, include the public plan in a final version to be voted on by simple majorities of both chambers--there being no provision for filibustering or amending bills reported out of conference.

This is the most common practice, routinely employed for any bill of a controversial nature. Though passing a bill is never easy, it is by far the easier of the two procedures.

On the other hand, Budget Reconciliation procedures will essentially require demonstrating a budget savings for every component of the bill within a five-year time-frame, rather than the ten-year scope of the current bill. Provisions of the bill that cant meet those standards would have to be pared from the bill. That five-year requirement alone would significantly reduce the bill's scope, since estimated savings are unlikely to be realized in such a shortened time-frame. Worse still, there is simply no way to demonstrate a budget savings for, for instance, the provision making Medicaid available to everyone at the threshold of 150% of poverty. And once that thread is pulled the whole thing begins to unravel.

The result is almost certain to be splitting the bill into several smaller bills of limited component parts, passing first the least controversial provisions (containing those most profitable to industry and what the the industry has already agreed to), with the pledge to continue working on the more difficult ones later.

So, either way, the Senate won't initially pass a bill containing a public option. But if Budget Reconciliation procedures are used, the bill will only include candy for the industry with none of the constraints.

This will present an interesting dilemma for the House because, in order to go to a conference with the Senate, it must first reject the Senate bill and insist on the provisions of its bill. At that point, the entire debate dynamic will change. Republicans and Blue Dogs will finally have something to be For and will demand passage of the Senate bill as a "compromise". No one has to say "no" to anything, the more difficult provisions will simply require more time to resolve. "Don't let the perfect be the enemy of the good." etc.

Far be it from me to impugn the motives of our esteemed political class but if one sees a long line of track, it's probably a railroad. For my money, the best way for liberals to keep from being rolled is for them to tell their Senators to use the regular order and pass the worst bill imaginable, then apply heavy pressure to clean it up in conference.

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