Toward the end of the summer, when it was unclear whether Senate Majority Leader Harry Reid would include a public option in his health care bill, progressives let it be known that he would not be forgiven if he allowed a handful of nameless Democrats silently filibuster the provision. In the end, this pressure, and various other factors, ultimately convinced Reid to include the opt out public option in the legislation, and the opponents have had to come forward. Their names won't surprise students of Democratic politics: Sens. Joe Lieberman (I-CT), Blanche Lincoln (D-AR), Ben Nelson (D-NE), and Mary Landrieu (D-LA).
These conservative Democrats are known for taking stances at odds with the party on key issues, but in this health care debate they are ultimately driven by very different motives. They have suddenly become the targets of every major reform organization in the country, and understanding what makes them tick will be key to the advocates who are now trying to change their minds.
Joe Lieberman
Lieberman may be the trickiest of the four to secure. The moment Reid announced he'd included a public option in the Senate bill, Lieberman charged out of the gate to announce that he'd filibuster a health care bill with any kind of government plan in it: opt-out, opt-in, triggers--you name it. Immediately, speculation began to fly regarding what, exactly, had animated Lieberman, who after all represents a blue state whose voters support the idea. Some believe his gambit is rooted in his 2006 split with the party, and his 2008 decision to campaign for the McCain-Palin ticket. Others believe he's gotten too cozy with the insurance industry, which still has a heavy presence on Connecticut. Unexplored is the possibility that he--already a black sheep in Democratic politics--was simply giving his centrist friends cover. Those centrists--profiled below--would like a Republican (a.k.a. Olympia Snowe) to vote for this bill, too, and the only way to assure that her preferences receive maximum attention is to signal, clearly, that at least one Democrat isn't on board with the plan. Whether orchestrated or not, that person is Lieberman. He's been the most adamant against the public option of any of his peers.
Blanche Lincoln
Lincoln was cautiously supportive of the public option throughout most of the summer. In fact, on the day she announced her intent to filibuster a"government-run" insurance option, her website, embarrassingly, still boasted of her support for the very measure she was threatening to obstruct. What explains this curious mixed message? Unlike Lieberman, Nelson, or Landrieu, Lincoln is facing a tough re-election right now. She's going to be attacked for supporting a "government takeover" of health care no matter what, and would like to present her conservative constituents with a scalp to prove she didn't roll over for the liberals in her party. It's an immediate political calculation. Getting her on board will require convincing her she stands more to lose by blocking the provision than by allowing a vote on it.
Ben Nelson
Nelson, as I've noted before, is simply the most conservative Democrat in the caucus. He wants the bills he votes for to have Republican supporter(s), and he always prefers the option that liberals in the party don't: less stimulus over more stimulus, triggers over the public option, opt-in over opt-out. Nelson held out for a long time before agreeing to debate the bill this past weekend. It's conceivable that the prospects of failure down the line will make the pressure on him and other conservative Democrats so great that he'll agree not to filibuster. But, again, if Lieberman sticks to his guns, the compromise might just happen anyhow.
Mary Landrieu
Landrieu has been extremely candid about her reluctance to support a public option. Her constituency is very broad, she's mindful of the warnings of industry, she has leverage, and she's using it. But...she was just re-elected. It's almost inconceivable that her vote on health care in late 2009/early 2010 will matter very much when she's up for re-election in 2014. Strictly on political terms, she should be a company Democrat right now, though it's unclear if the political consideration is all that's driving her decision-making on the issue.
These are the four Democrats threatening to filibuster a public option bill down the line. They're also in discussions with leadership and Sen. Tom Carper (D-DE) regarding a compromise modeled on Snowe's trigger. How they change the bill so significantly remains unclear (can Reid round up 60 votes to swap the provisions? Does he pull the bill off the floor and reintroduce it with a different public option?) For the time being, though, liberals are turning up the heat on these four. And to succeed, they'll need to be well aware of what buttons to push.

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CranialRectalLoopback
November 24, 2009 4:52 PM
Freeze them out. That's how you win them over.
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JNagarya
November 24, 2009 6:17 PM in reply to CranialRectalLoopback
That's how you get them to dig in their heels, becasue then there's nothing for them to lose.
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Stiggs
November 24, 2009 6:34 PM in reply to CranialRectalLoopback
My brother always says "you only have to break one arm and then everyone else falls into line". Such a way with words, that man.
Punish Lieberman now. Not when he filibusters, not after more negotiations. He kept his committee seniority by promising to be "a good democrat". He was full of shit. So strip him of something valuable. And don't do it all polite like, follow his lead and break it to him via press conference. The only trick is to strike a balance, making it as painful as possible while still leaving him with a better deal than the GOP could offer. Make sure there is more pain that can be inflicted.
The man clearly cannot be taken at his word so make him earn what it is that he wants. And if he throws a tantrum and bails on the party - good riddance. If he has no interest in being the 60th vote when his party needs him then he has nothing to offer. Let him sort out his employment future with his constituents after he's come clean about what he really is - a douche bag republican.
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runfastandwin
November 24, 2009 11:18 PM in reply to Stiggs
I don't know if Obama's got it in him, he'd have to sign off on it. It's a great idea though.
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Bushie
November 24, 2009 4:56 PM
I'm so tired of self-serving hypocrites controlling our legislative process; of course that includes Reid. To bad Reid lacks gonads, or he'd just state he's going to make these putzes lives miserable if they don't tow the mark. Instead he'll reward their blockage of a really bad bill that is still better than no bill.
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agio
November 24, 2009 4:57 PM
I don't see how Lincoln expects to get re-elected by pissing off her base voters. Yes, I understand Arkansas is a conservative state and she is currently below 50% favorability. But who among the party, exactly, is going to lift a finger to get her re-elected when she has come out against EFCA, and now the PO?
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Moose49
November 24, 2009 4:58 PM
These bozos should be reminded that there is a huge difference between voting on the merits of an amendment or the bill as a whole, and supporting a procedural move instigated by Republicans to let the tyranny of a 41-vote minority prevent majority rule.
What's shameful about their behavior is that they equate the two -- voting on the merits and voting on cloture -- as being the same thing.
I don't agree with their positions but I would respect them for making their case as strongly as possible and letting an up-or-down vote decide things. However, to side with a GOP filibuster should disqualify them from being members of the Democratic caucus and cause them to lose all chairmanships and privileges.
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JNagarya
November 24, 2009 6:18 PM in reply to Moose49
And wou likely alienate them permanently. Then they'd be voting Republican more often.
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Moose49
November 24, 2009 6:25 PM in reply to JNagarya
Yes, but if you can't count on them on the party's and their president's most important priority, when are you ever going to get them? And what's the point of having a 60-vote "filibuster proof" majority if it's not, in fact, filibuster proof? Better to have a slightly smaller but loyal and disciplined majority -- to show voters Democrats actually know how to govern and to act coherently -- than be held accountable for a larger majority that is unmanageable.
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JNagarya
November 24, 2009 6:31 PM in reply to Moose49
Legislatures are complex, fluid beasts, and there are all sorts of inducements from any number of directions at a given moment. A good text on the topic:
Legislative Law and Process in a Nutshell (St. Paul, MN: West Publishing Co., Paperback, 1986), Jack Davies.
One never knows when the enemy you make today will be necessary but unavailable tomorrow afternoon, or next month.
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Walter Mitty
November 24, 2009 5:15 PM
I think Lincoln can be brought over when the option is spelled out to not use any federal money other than seed money to start it (which would have to be repaid).
Landrieu will be brought around with candy in the bill for Louisiana. As was mentioned in the article, she was just re-elected, and come 2014 there will be issues of the day to worry about, not a vote back in 2009.
Nelson could be tougher - but I don't think he'd stand alone or with just Lieberman. The trick to getting Nelson will be to peel off Landrieu and Lincoln from the holdouts.
I could absolutely see Lieberman standing alone in filibustering with Republicans. However considering that Lieberman is an independent and campaigned for McCain and Palin, I think the Dems might be willing to force them to filibuster and make a huge issue out of it. How long would longtime GOP senators really filibuster. I mean Dems could make the case how Dems have supported cloture in the past eventhough they didn't agree with the bill and how Republicans clamored for "up or down" votes whenever there was threat of a filibuster over the eight Bush years.
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Powkat
November 24, 2009 5:30 PM in reply to Walter Mitty
Yes, but that's what would happen in reality world - they one you and I live in. Senators do not live there.
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JNagarya
November 24, 2009 6:22 PM in reply to Walter Mitty
I think the only uncertainty is Lieberman.
I think Landrieu is the easiest, Nelson second -- I don't think he wants to be left out in the cold as a loser -- and Lincoln third. I think in the end Lincoln will get on board with relative ease once she gets some "in camera" assurances.
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AnswerFrog
November 24, 2009 6:25 PM in reply to Walter Mitty
Good points. I would like to see them force a fillibuster and make these bastards pay for it. Shame them for obstruction. Keeping harping about the need for an up or down vote and not for legalistic tactics to prevent the will of the people.
Also, I wonder if there aren't any GOP votes to be had, just for the cloture vote. Are they all so cowardly, craven and crooked? I guess I answered my own question.
p.s. Thanks for this, TPM.
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jdb316
November 24, 2009 9:38 PM in reply to AnswerFrog
Two things. First of all, it wouldn't be a filibuster like we see depicted on TV and in the movies. Joe Lieberman doesn't have to stand and read the Washington phone book from beginning to end or sing "Down Mexico Way" like Al D'Amato famously did a while back. All they have to do is vote "nay" when someone moves to invoke cloture and bring the bill to a vote.
Second of all, the Dems can rip Lieberman, DeMint, et al in the press or even on the senate floor all they want. It won't matter. If no HCR passes, the Dems are going to get their asses handed to them next year and likely in 2012 as well. The public isn't going to care that the Republicans or Joe Friggin Lieberman wouldn't vote for cloture. All that will matter to them is that the Democrats had the White House and large majorities in both chambers of Congress and once again proved incapable of governing and actually accomplishing things.
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runfastandwin
November 24, 2009 11:21 PM in reply to jdb316
It COULD be like that, though, if Reid forces it. "Cloture" is not necessary, he could simply force an actual filibuster.
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JNagarya
November 25, 2009 11:57 AM in reply to Walter Mitty
I wonder what would happen if the Republican'ts (spell the longer word "yes") filibuster bluff were called. Would they be non-hypocritical and take it as an invitation and filibuster?
Or would they, being the party of "NO!", be psychologically put in the position of saying "YES!" to filibustering, so would back down in order to retain their ideologically-pure non-hyocritical litmus test consistency as the party of "NO!"
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ericf
November 24, 2009 5:40 PM
We love you senator! You're great! The greatest ever! Blow the faces off Mt. Rushmore so we can put you and just you on the side of a mountain!
And if you filibuster, you lose your chairmanship of anything ever. Plus we put up posters with your face that say looking for a primary opponent".
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Marie Meyer
November 24, 2009 5:47 PM
Are there NO Republican votes to be had? And isn't there some way to pass the bill with 51 instead of 60?
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rdeaver
November 24, 2009 7:06 PM in reply to Marie Meyer
This has been discussed at such length, and the facts laid out so often, I am having trouble believing the question is still being asked.
No, you can't pass anything in the Senate until 60 Senators agree to let it come up for a vote. It used to be 67. But Senators used to be less likely to filibuster.
You can pursue a process called reconciliation that does not permit a filibuster, but you can only use that for budgetary items. And the parliamentarian of the Senate decides which items are budgetary and qualify.
So in Reality World you have to work with people you don't like and don't agree with to get things done. Which means you will have to compromise with Joe Lieberman, or fail.
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runfastandwin
November 24, 2009 11:24 PM in reply to rdeaver
You are wrong. It IS possible to force an actual filibuster, and I bet them Depends wearing SOBs wouldn't last more than two days. All it takes is the will to do it.
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NotaGOP
November 25, 2009 11:56 AM in reply to Marie Meyer
The absence of any Republicans here was pointed out in a previous TPM article. There are a number of them who could cast any vote as they saw fit -- Lugar of Indiana, Voinooich of Ohio, for example -- yet don't show any sign of independence here.
Either they are really pissed at Obama for reasons no one has shared, or someone in the GOP is blackmailing these possibles to keep them in line.
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JohnW1141
November 24, 2009 5:49 PM
I expect at least one of these people to switch to the Republican Party. I think it will be either Blanche Lincoln or Ben Nelson, or both.
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JNagarya
November 24, 2009 6:24 PM in reply to JohnW1141
Nelson doesn't have to: he votes Republican when he feels like it anyway.
Lincoln is too liberal to switch. Plus there are "choice" issues for her to consider.
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Latino
November 24, 2009 9:30 PM in reply to JohnW1141
Kent Conrad does not support a public option either.
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JNagarya
November 25, 2009 12:07 PM in reply to Latino
I keep confusing him with Coburn (R-Patient-Hating M.D./Bribe-Facilitator), the friend of Ensign (R-Adulterer/Briber), and Ensign's former chief of staff Hampton(R-Mighty Pissed Off/Bribee).
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clonecone
November 24, 2009 5:49 PM
Bill Clinton should primary Blanche Lincoln.
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Captain Dan
November 24, 2009 6:18 PM in reply to clonecone
President Clinton as a Senator; what an excellent suggestion. There is precedence for an ex-president serving in the Senate and President Clinton would win Arkansas hands down. Besides President Clinton is too young, and too much a politician, to give up public service.
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decisivemoment
November 24, 2009 6:03 PM
Reconciliate.
There's no point trying to reason with these people any longer or to water down the bill any further. We're about at an optimum on cost control and already too close to losing universality. Lieberman's too bitter and too vain to come across; Lincoln is too politically stupid despite the polls that show the particularly strong public option support in her home state; Nelson is too conservative and too bought; and I don't know what Landrieu's problem is. And we already have the vote of the last remaining Republican moderate in the Senate, who decided he'd rather become a Democrat than be primaried as punishment for being a moderate.
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rdeaver
November 24, 2009 7:00 PM in reply to decisivemoment
Reconciliation leaves most of the reforms in this bill behind. Is it worth losing everything else to retain a weak public option? Or is the left turning into as idiotic, kneejerk, pathetic losers as the teabaggers?
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par4
November 24, 2009 6:27 PM
Why say they are driven by different motives? They are on the take just like most of the rest of congress. Until we get rid of legalized bribery(lobbying) we won't have a functioning democracy.
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littleduker
November 24, 2009 6:47 PM
"He always prefers the option that liberals in the party don't: less stimulus over more stimulus, triggers over the public option, opt-in over opt-out." Seriously? Less and more are opposites. In and out are opposites. Triggers and public options? Not opposites. I know this isn't really a policy blog, but it would really be nice if, at this stage of the debate, you guys would take the time to get straight what exactly this whatchamacallit public option thingy actually is.
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DaddyD
November 24, 2009 7:36 PM
Snow.
You get Snow (R), you probably get Nelson and make it much easier for two of the remaining three to climb aboard. Snow is vulnerable. She is from a state that leans progressive and supports the public option. If the "liberals", Democrats, and grassroots folks want the most bang for the buck, Snow it is. Grassroots should threaten to make her seat the #1 target if she can't support the "opt-out".
Reid also ought to make it clear that privileges and chairmanships are on the line for those who filibuster. If you can get Snow back, then fuck Lieberman. Offer his chairmanships to the other three if they fall in line, or shuffle the deck to get them the chairmanships they want. REAL sticks and carrots.
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rstephen
November 24, 2009 8:28 PM
I don't know why they should even need to be won over when what we're talking about is a procedural vote, not whether they will vote for the bill itself. They can allow it to come to a come and still vote against it if they want, and the fact that Reid has put himself in this position says a lot about his weak leadership and lack of party discipline. Democrats should necessarily vote with their party on procedural issues, and if they don't, they lose their seniority. Period. And as for LIEberman, who has that bee up his butt, it should be made very explicit and clear to him that the day he votes to filibuster this bill is the day he loses his chairmanship of the Homeland Security Committee.
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Klosterheim
November 24, 2009 8:53 PM
Lieberman is pretty easy. Just make him the Queen of America. He will require vestments and demand that everyone who wishes the Senate must first kiss his ring.
Seriously, I say just strip him of all his committees. When he then officially sides with the Republicans, it will be much easier to run against him in Connecticut. He will no longer be able to say he sides with Dems on most issues, because he will have been kicked to the curb.
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DonDavis
November 24, 2009 9:17 PM
Grand Compromise in Senate? Public Option to Be Limited to Guy Named 'Fred'
http://satiricalpolitical.com/2009/11/24/compromise-senate-health-reform-public-option-reid/
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Jackster
November 24, 2009 9:38 PM
Step at a time?
Now that they're at least allowed to debate the bill, we give them a chance to explain their positions. Not only the holdout "bribe me" Dems, but the moderate repub's as well. If we get the same old hyperbolic rhetoric we've heard, someone has to hold them accountable with fact checks and factual constituent polling. I hear gopers say both, that it will cost more and that businesses will drop private coverage for the lower cost, non-profit PO. Am I the only one hearing the blatant hypocrisy? Is there a strong voice of truth that can counter this crap? Hello, Whitehouse? is Barry home?
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Saladin
November 25, 2009 1:30 AM
What happened to the nuclear option?
Simply change the rules. Make it 55 to filibuster (it used to be 67), or better yet get rid of it all together, it is not democratic anyway. Grow some balls. Believe in true democracy.
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BillMcD
November 25, 2009 2:05 AM in reply to Saladin
True democracy is indistinguishable from anarchy - every adult in the country would get a vote on every law, and every procedural measure. 'Can we move to debating the bill? Hang on, let's collect 300,000,000 votes to check...'
Nothing would ever be done, and so there would be no governance. The filibuster is a mechanism to prevent the tyranny of the majority from oppressing the minority. The unfortunate thing is, it'll either be under-used or over-used, no matter what threshold you set, because each person's judgment is completely subjective.
The best option, I think, is to court Snowe... and if you can get her to vote for cloture, and Holy Joe still refuses... then you rip his chairmanships from him and offer Olympia full retention of her seniority - demonstrate that you reward friends, and punish treachery.
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Odel Roo
November 25, 2009 8:16 AM in reply to BillMcD
How about put it to referendum and let the 300,000,000 decide. That's fair right... didn't they do that with prohibition?
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Cliff Hendroval
November 25, 2009 10:56 AM in reply to Odel Roo
Ummm...no. Prohibition was ended by the 21st Amendment, which went through the normal procedural channels (approved by both houses of Congress and 3/4ths of the state legislatures).
Don't they teach history anymore?
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Odel Roo
November 25, 2009 4:09 PM in reply to Cliff Hendroval
Ummm yes... ADDED by referendum via the 18th amendment! the 21st repealed the 18th.
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porta
November 25, 2009 3:42 AM
The vote will be critical. But it is not a sure bet yet.
admin
http://invetrics.com
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porta
November 25, 2009 6:44 AM
It is all a matter of negotiations. Make them all winners.
admin
http://invetrics.com
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AZskeptic
November 25, 2009 8:42 AM
And what is so wrong with every adult in the country getting to vote on every law?
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BillMcD
November 25, 2009 9:46 AM in reply to AZskeptic
Well...
a)do you think every adult in the country has enough free time to read every bill, much less educate themselves on the nuances of every single issue?
b)Do you think every adult in the country will understand the legal ramifications of each law, especially when taken in aggregate? Especially considering how few people seem to understand a simple concept like subrogation? (That's the bit about how if an insurance company pays out for an injury, and you sue the guy who caused it, the insurance company gets at least some of their money back from the settlement.)
c)given the culture of self in this country, do you think many people would vote for a law that inconveniences them, even if it is patently necessary? A look at school budget voting seems to indicate they wouldn't.
d)it's not just an issue of the final up-down vote on each law. Think about all of the work and haggling that's already gone into the HCR bill. Now imagine at each step of the way, you're convincing three hundred million people, each of whom has the right (because you want the people making the laws to be able to review the laws they're being asked to vote on) to request clarifications, delays, and reviews of previous events.
The more people involved, the more inefficient and drawn-out the process necessarily becomes.
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