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Parliamentarian Weighing GOP Challenge to Reconciliation Bill

Chappy

Chappy

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Excerpted from “Parliamentarian Weighing GOP Challenge to Reconciliation Bill” By David M. Drucker and Emily Pierce, Roll Call Staff, Roll Call, March 22, 2010, 1:25 p.m.
[SIZE="+2"]S[/SIZE]enate Parliamentarian Alan Frumin on Monday heard arguments for and against a Republican challenge to the health care reform reconciliation package, but he did not immediately issue a ruling. Additional Republican challenges to the Democratic reconciliation package will be made this week, a GOP aide confirmed.

Democratic and Republican Senate staff met with Frumin behind closed doors Monday afternoon, with Republicans arguing that one provision of the reconciliation bill violates Section 310g of the Budget Act and should result in the entire package losing its reconciliation status. Democratic staff made the opposing argument.

After considering both sides, Frumin is expected to rule, although the timing of his decision is unclear. Section 310g prevents reconciliation legislation from impacting Social Security, and the GOP plans to argue that a provision in the bill dealing with excise tax on expensive “Cadillac” insurance plans does just that. …
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This is the opposition challenge that could sink the whole reconciliation bill. It seems based more on hope than reason, but, I'm sure from their perspective it's worth a try.
 
Lawrence O'Donnell is reporting on MSNBC that the Senate Parliamentarian has ruled in favor of the Democrats, that the reconciliation bill does not violate Section 310g.

And with that ruling the GOP's last, best hope to scuttle the bill is dismissed. Now, all the Republicans can hope for is to knock off a piece or add a piece and force the bill back to the House for a quick ratification. It is clear reconciliation will proceed and President Barack Obama will sign the corrections bill quite soon.
 
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A second source …

Excerpted from “Senate Democrats get favorable ruling” By MANU RAJU, Politico, 3/22/10 9:19 PM EDT
[SIZE="+2"]A[/SIZE] ruling by Senate parliamentarian Alan Frumin handed Democrats a major victory Monday night, beating back a GOP push to declare a key tax proposal in the health care bill out of order.

After hearing arguments on both sides, Frumin said that Democratic plans to push back an excise tax on so-called Cadillac insurance plans until 2018 was within the purview of budget rules allowable under the filibuster-proof reconciliation process. The GOP had argued it was beyond the scope of the five-year budgetary window allowed under the rules, and it was a violation of the so-called Byrd rule because of its changes to the Social Security law. …
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Chappy said:
Lawrence O'Donnell is reporting on MSNBC that the Senate Parliamentarian has ruled in favor of the Democrats, that the reconciliation bill does not violate Section 310g.

And with that ruling the GOP's last, best hope to scuttle the bill is dismissed. Now, all the Republicans can hope for is to knock off a piece or add a piece and force the bill back to the House for a quick ratification. It is clear reconciliation will proceed and President Barack Obama will sign the corrections bill quite soon.
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There will be other attempts to derail the bill.
 
F107HyperSabr said:
There will be other attempts to derail the bill.
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No doubt, but this failed challenge was the one that could have killed the whole bill with one shot. But, now we know, it's not going to happen. All the Republicans can do now is knock off a piece here or there or add a piece here or there. The whole measure is no longer under threat.
 
Well, they are going to try the constitutionality of the bill. States are also filing law suits over this (I believe 12 have law suits). They main thing is challenging the constitutionality of forcing Americans to purchase a private service.
 
digsbe said:
Well, they are going to try the constitutionality of the bill. States are also filing law suits over this (I believe 12 have law suits). They main thing is challenging the constitutionality of forcing Americans to purchase a private service.
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12?? Try 38.
 
Bassman said:
12?? Try 38.
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the last time I heard the news it was at 12. 38 is amazing though, so more than half the US states are filing a law suit against this? that should say something to Washington.
 
digsbe said:
the last time I heard the news it was at 12. 38 is amazing though, so more than half the US states are filing a law suit against this? that should say something to Washington.
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Yeah?? And here's Odimwit's response to the American People:


dp7obama-gives-the-finger.jpg
 
Bassman said:
Yeah?? And here's Odimwit's response to the American People:


dp7obama-gives-the-finger.jpg
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And in November we will see America's response to the Odimwit. He may give the finger to the people and arrogantly talk about how he has "listened" to us, but it's all going to bite him soon enough.
 
digsbe said:
Well, they are going to try the constitutionality of the bill. States are also filing law suits over this (I believe 12 have law suits). They main thing is challenging the constitutionality of forcing Americans to purchase a private service.
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The experts are saying it is unlikely the courts would overturn the Health care reform on Constitutional grounds as there is precedence:

"But these lawsuits seem as frivolous as the tort cases Republicans rally against. As Professor Timothy Jost of Washington & Lee University School of Law explained this morning on Washington Journal, “under the constitution as it has been interpreted by the Supreme Court — and that is really our constitution. Everyone has their own interpretation, but constitutional law is made by the Supreme Court — over the last 80 years, I do not see any serious problem with this legislation, and Congress did not either.” Jost noted that the individual requirement, which does not apply to anyone who is under the filing limit of $12,000 for individuals or $16,000 for couples or levy a criminal penalty for those who go without insurance — will likely stand up to a constitutional challenge:

JOST: Well, what the Virginia law says is, ‘nobody can make our citizens buy health insurance.’ They can say what they want to. But under the supremacy clause, a sate cannot tell the federal government what to do…the Commerce Clause says Congress has the authority to regulate commerce among the states. And since the 1930’s, that power has been interpreted very broadly….basically, the law now is that if there is any kind of economic activity involved, Congress has the power to regulate it. And of course Congress does. We have lots of federal laws, regulating all sorts of economic activity. The decision of when to buy insurance — do I buy it now when I’m healthy or do I buy it once I’m in not ambulance on the way to the hospital — is an economic decision and Congress clearly has the power to regulate it. And once Congress has the power to do something under the supremacy clause, its laws are supreme to the laws of the states and the tenth amendment only provides that states retain powers that are not granted to Congress."
Wonk Room Why The Republicans’ Efforts To Invalidate Health Care Reform Will Likely Fail
 
The ruling today by the Senate Parliamentarian leaves the Senate Republicans with very little that they can do but delay the inevitable.

It couldn't happen to a nastier bunch of guys who have consistently misled the people about the many benefits of this moderate health reform program.
 
Chappy said:
The ruling today by the Senate Parliamentarian leaves the Senate Republicans with very little that they can do but delay the inevitable.

It couldn't happen to a nastier bunch of guys who have consistently misled the people about the many benefits of this moderate health reform program.
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Good lord, do you really believe that?
Are you really that naive?

I swear any time someone who doesn't agree with you, tries to compromise, you must cover your eyes and ears.
 
Harry Guerrilla said:
Good lord, do you really believe that?
Are you really that naive?

I swear any time someone who doesn't agree with you, tries to compromise, you must cover your eyes and ears.
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It is a drone. Pay it no heed.
 
Chappy said:
The ruling today by the Senate Parliamentarian leaves the Senate Republicans with very little that they can do but delay the inevitable.

It couldn't happen to a nastier bunch of guys who have consistently misled the people about the many benefits of this moderate health reform program.
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Its time to move on. Obama is about to tackle immigration reform.
 
upsideguy said:
Its time to move on. Obama is about to tackle immigration reform.
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It should be interesting to see how badly he will **** that up. He's set the bar pretty high with this health care debacle.
 
Harry Guerrilla said:
You will not like whats in store for immigration "reform."
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I happen to have a little experience in that particular arena, and I didn't think it could be any worse than it is now. However, I wouldn't be surprised if Obama & Co. are looking to "make history" there, too.

God help us.
 
Coronado said:
I happen to have a little experience in that particular arena, and I didn't think it could be any worse than it is now. However, I wouldn't be surprised if Obama & Co. are looking to "make history" there, too.

God help us.
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He sold his support for immigration reform for a health care vote.
 
Harry Guerrilla said:
You will not like whats in store for immigration "reform."
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Obama: "There are people out there that, just because they don't like the color of your skin, they don't think you deserve to be Americans!"

That's where it will start. Get ready.
 
Erod said:
Obama: "There are people out there that, just because they don't like the color of your skin, they don't think you deserve to be Americans!"

That's where it will start. Get ready.
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That's where what will start?
 
digsbe said:
Well, they are going to try the constitutionality of the bill. States are also filing law suits over this (I believe 12 have law suits). They main thing is challenging the constitutionality of forcing Americans to purchase a private service.
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which was brought to us by the Republicans and the bluedogs that fought against the public option which the vast majority of the people wanted.
The provision to require people to purchase insurance was substituted in for the public option.
 
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