Health Care

#HealthCareFAIL: How The Dems Botched Their Signature Legislation

Brian Beutler | January 29, 2010, 3:37PM

Clockwise from top left: Sen. Harry Reid (D-NV) and Sen. Max Baucus (D-MT); MA Sen. candidate Martha Coakley (D); Rep. Nancy Pelosi (D-CA); Former Sen. Ted Kennedy (D-MA) and President Obama

Talk about fits and starts.

A year ago Democrats committed to passing comprehensive health care legislation; six months ago, it became clear that their project wouldn't go smoothly; one month ago it was full speed ahead; and a week and a half ago it all fell apart.

Health care reform is now on life support. To mix metaphors, it's on life support and the back burner at the same time. How the Democrats' signature agenda item went from a foregone conclusion to a prospect in peril is a tale of missteps and bad luck. No single player or event brought us to where we are today. But if any of the below episodes had gone...more smoothly, this might've been a done deal.

You know how the saying goes: Success has a thousand fathers, but failure is an orphan. And you can be sure that if health care reform fails, the people below will make like John Edwards--quick-like.

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Health Care

Counting The Days: Will Kennedy's Quick Seating In 1962 Repeat Itself?

Brian Beutler and Eric Kleefeld | January 19, 2010, 2:56PM

MA Senate Candidate Scott Brown (R), the late Sen. Ted Kennedy (D-MA) and State AG and Senate Candidate Martha Coakley (D)

In preparation for what they expect to be Republican Scott Brown's victory in the Massachusetts Senate special election tonight, conservatives and Republicans have unearthed a novel and ironic precedent, which they're using to argue that, if he wins, Brown should be seated right away as the 41st vote against health care reform.

Senate rules require that all newly-elected Senators be certified as winners by their home states before they can be sworn in. But on November 6, 1962, none other than Ted Kennedy himself won a special election to fill his own brother's Senate seat in Massachusetts, and was sworn in the very next day--two full weeks before his victory was certified, and three weeks before that certification arrived in Washington.

1962 is a long way back, and according to Senate historian Don Ritchie, the relevant rule has been in place since well before then.

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MA-SEN

GOP Deploying Resources And Top Talent For Massachusetts Senate Race

Christina Bellantoni | January 11, 2010, 11:55AM

Senate candidate Scott Brown (R-MA).

National Republicans have a new rallying point in Massachusetts Senate nominee Scott Brown, with presidential contenders and party committees flooding the zone with cash, staff and endorsements as health care becomes the central issue at stake for the special election.

2012 hopefuls Mitt Romney and Tim Pawlenty are helping the campaign, and Sen. John McCain endorsed Brown to win over attorney general Martha Coakley.

Republicans believe the key in what's expected to be a low turnout race will be independents, and note the trend in Massachusetts is similar to what's been seen nationally - voter frustration over spending issues and the economy.

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MA-SEN

Coakley To Roll Out Kennedy Family Endorsements

Eric Kleefeld | January 6, 2010, 5:52PM

Massachusetts Atty. Gen. Martha Coakley (D)

Massachusetts Attorney General Martha Coakley, the Democratic nominee in the January 19 special election to succeed Ted Kennedy in the Senate, will be officially endorsed tomorrow by members of the Kennedy family, the Coakley campaign announced in a press release.

The group will be led by Ted Kennedy's widow Vicki, accompanied by former Rep. Joseph Kennedy (a son of Robert F. Kennedy) and his son Joseph Kennedy III. Also in attendance will be Rep. Ed Markey, Medford Mayor Michael McGlynn, and interim Sen. Paul Kirk, who was previously a long-time aide to Ted Kennedy and a family friend.

It shouldn't be too surprising that Kennedy relatives would be supporting the Democrat. However, the optics of the event itself could be politically useful, in light of Republican candidate Scott Brown's recent TV ad, which uses footage of President John F. Kennedy proposing a tax cut in 1962. The ad declares that Brown's message of tax cuts today makes him just like JFK, so having actual Kennedys on hand to endorse Coakley could help counter whatever traction Brown might get.

Health Care

Kennedy's Successor Confirms His Support for Public Option

Brian Beutler | September 28, 2009, 5:48PM

Interim Senate appointee Paul Kirk (D-MA)

There was never much doubt about this, but just to make it official, Sen. Paul Kirk (D-MA) does indeed support a public option.

"Senator Kirk believes there should be a public option to keep costs down and keep insurance companies honest," says his spokesman, Keith Maley. "[D]uring his short service in the United States Senate, he looks forward to seeing what can be done to reach that goal."

It comes as no surprise, of course, that a Massachusetts Democrat replacing Ted Kennedy supports a public option. But this demonstrates that, with Kennedy's seat filled, the 60th vote for health care reform won't necessarily belong to public option skeptic Olympia Snowe--and the question of a public option is technically one for Democrats to answer alone.

MA-SEN

Massachusetts GOP Blasts Judge's Ruling In Favor Of Senate Appointment -- No Mention Of An Appeal

Eric Kleefeld | September 25, 2009, 1:20PM

Sen.-designate Paul Kirk (D-MA)

The Massachusetts Republican Party has issued a statement in the wake of a judge's ruling against their effort to stop the appointment of Sen.-designate Paul Kirk -- and there is no mention of an appeal. So it looks like this thing is probably over, and Kirk will be sworn in this afternoon.

Key quote from the statement:

I urge the voters of Massachusetts to not allow the courts the final say in this matter. I believe the ultimate remedy to the untenable situation on Beacon Hill can be found in the voting booths.

It is up to the voters of Massachusetts to finally decide enough is enough and to refuse to re-elect the entrenched incumbents responsible for raising our taxes in the middle of a recession, turning a blind eye to public corruption, and manipulating the law to keep their grip on power.

Shortly before the statement went out, a spokesperson for the state GOP told us that there would be no further comment on their plans, beyond the statement itself. So it looks like they're very angrily waving the white flag.

Full statement after the jump.

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MA-SEN

Judge Rules In Favor Of Kirk Senate Appointment, Against Massachusetts GOP Challenge

Eric Kleefeld | September 25, 2009, 12:57PM

Sen.-designate Paul Kirk (D-MA)

A judge in Massachusetts has just ruled against the state GOP's effort to stop the appointment of Democratic Sen.-designate Paul Kirk to Ted Kennedy's Senate seat.

From the Boston Globe: "Judge Thomas Connolly deliberated for more than four hours before dismissing the GOP's claim that Democratic Governor Deval Patrick overstepped his authority by declaring an emergency so Kirk's appointment could be made immediately."

Kirk is set to be sworn in this afternoon.

MA-SEN

Judge To Rule Before Noon Today On Massachusetts Senate Appointment

Eric Kleefeld | September 25, 2009, 9:41AM

Sen.-designate Paul Kirk (D-MA)

A judge will rule before noon today in the Massachusetts Republican Party's lawsuit to stop the appointment of Sen.-designate Paul Kirk (D-MA) to Ted Kennedy's Senate seat.

Suffolk County Superior Court Judge Thomas Connolly heard from both sides this morning. The GOP have argued that Gov. Deval Patrick did not have the constitutional authority to declare the law an emergency measure that would take effect immediately. The Dems have countered that Patrick did in fact have this ability -- and that Republican former Gov. Mitt Romney himself had used it in the past.

Kirk is set to be sworn in by Vice President Biden this afternoon. If Connolly were to suddenly nullify the appointment, that would certainly throw off Democratic efforts to get back to 60 seats -- and if he lets it go ahead, then there will be no time to appeal.

MA-SEN

Massachusetts GOP Challenge To Senate Appointment To Get Hearing -- But No Ex Parte Restraining Order

Eric Kleefeld | September 24, 2009, 3:19PM

The Late Sen. Ted Kennedy (D-MA)

The Massachusetts GOP will get its day in court in their attempt to stop the appointment of Paul Kirk to Ted Kennedy's Senate seat -- but the immediate signs don't point to a win for them.

A spokesperson for the Suffolk County District Superior Court, where the case was filed, has just told me that there will be a hearing tomorrow morning at 8 a.m., presided over by Judge Thomas Connolly.

I asked whether an ex parte temporary restraining order against the appointment had been issued -- which can often happen in time-sensitive election cases, in order to stop a legally questionable outcome before a hearing has been conducted. There has not been any such order at this time. Kirk is set to be sworn in tomorrow.

MA-SEN

Massachusetts GOP Seeking Injunction To Stop Senate Appointment

Eric Kleefeld | September 24, 2009, 2:41PM

Sen.-designate Paul Kirk (D-MA)

The Massachusetts Republican Party has gone to court in an attempt to stop the appointment of Paul Kirk to the late Ted Kennedy's Senate seat.

The issue here, the GOP claims, is that Gov. Deval Patrick did not have the constitutional authority to declare the bill empowering him to make an appointment to be an emergency law, thus having it take effect immediately. (For more background on this issue, check out this interview I did a few days ago with a GOP state Senator.)

It's not clear how much chance of success they have. As the Boston Herald points out, Kirk is scheduled to be sworn in tomorrow. The state GOP's filing was made this morning, and so far the courts have not responded. But if the courts do end up taking the case, it could have the effect of delaying the appointment, or perhaps even stopping it altogether.

MA-SEN

Patrick Officially Appoints Kirk As Interim Senator

Eric Kleefeld | September 24, 2009, 11:17AM

Interim Senate appointee Paul Kirk (D-MA)

Gov. Deval Patrick (D-MA) has officially announced his appointment of former DNC chairman Paul Kirk, a Kennedy family friend, former Ted Kennedy staffer, and head of the John F. Kennedy Library Foundation, as interim Senator in the late Kennedy's Senate seat.

"Paul will not seek the open seat in the special election that's coming up in January," said Patrick. "But for the next few months he will carry on the work and the focus of Sen. Kennedy, mindful of his mission, and his values, and his love of Massachusetts."

Sen.-designate Paul Kirk then addressed the media. He reaffirmed that he will not run in the special election, and he thanked the Kennedy family for their support, and discussed his own long-time friendship with Ted Kennedy himself. "To also have the encouragement and support of his family, that I be a voice and a vote for his causes, and his constituents, in the Senate that he loved, is a blessing I can only repay by giving my very best efforts to be the best public servant I can be in the few months ahead."

Kirk also said that he is keeping Kennedy's staff for the duration of his service, maintaining constituent service work that the office had been conducting.

MA-SEN

Massachusetts Passes Senate Appointment Law, But Without Super-Majority For Emergency Measure

Eric Kleefeld | September 23, 2009, 6:12PM

The Late Sen. Ted Kennedy (D-MA)

The Massachusetts legislature today gave final passage to the law providing for a temporary appointment to Ted Kennedy's Senate seat -- but without the two-thirds margins for the legislature to formally declare it an emergency statute.

The vote was 95-59 in the House, and 24-16 in the Senate. What this means is Patrick will have to declare it an emergency, in order for the law to take effect immediately -- as opposed to 90 days from now. As we found out yesterday, this could leave the state Dems vulnerable to a court challenge under the state's constitution.

That said, the local media does seem to be treating this as a done deal, so we'll see what happens.

The current media buzz is that Democratic Gov. Deval Patrick will appoint Kennedy family friend Paul Kirk, though Patrick's office has officially said that no decision has been made.

MA-SEN

Report: Ted Kennedy's Sons Ask For Ex-DNC Chair Paul Kirk To Be Appointed To Senate Seat

Eric Kleefeld | September 23, 2009, 12:23PM

The Late Sen. Ted Kennedy (D-MA)

The Associated Press reports that two of Ted Kennedy's sons, Ted Kennedy Jr. and Rep. Patrick Kennedy (D-RI), have asked Massachusetts Gov. Deval Patrick to appoint former DNC chairman Paul Kirk as interim Senator, once a bill providing for an appointment is signed into law.

Kirk is a long-time Kennedy family friend, who served on Ted Kennedy's staff from 1969-1977 and regularly visited the late Senator before he died. He is currently the chairman of the John F. Kennedy Library Foundation.

A lot of press speculation has centered around former Gov. Mike Dukakis, the 1988 Democratic nominee for president. But this development is a sign that a Dukakis appointment isn't necessarily a foregone conclusion.