Slaughter Solution, Reconcilliation: An article on the House's procedures

Fern

Elite Member
Sep 30, 2003
26,907
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NOTE: Please do not quote entire post. No need to make thread unnecessarily long. TIA

http://www.msnbc.msn.com/id/35911121/ns/politics-health_care_reform/

This article outlines the steps the House will take to pass this HC bill(s). This is substantially different in how we've previously thought it/discussed it. We'll know on Sunday (I suppose) who's right or if we're all wrong.

Some have said that the House will pass the Senate version "conditionally". And the 'Slaughter solution' or 'deem and pass' would solve the 'trust issue' between the House and the Senate. There's also the whole 'accountability issue' for members of the House passing the Senate version.

Nope, not according to these authors:

1. The House passage of the senate version will not be conditional. According to their version, the President will sign the House passage BEFORE the Senate even takes up the House fixes in the reconcilliation bill.

2. Because of the above, I see no way whatsoever the 'trust issue' has been solved by any of the House's unusual maneuvers. The senate bill will be signed into law before the Senate even takes up debate on the House (fixes in the) reconcilliation bill. If the Senate fails to pass the house bill 'as is' we'll be stuck with the original Senate version, at least until another compromise is worked out in a different reconcilliation bill.

3. The description of passage by the House of the Senate version might offer less (ineffective) cover for accountability than previously thought. I'm referring to their guess that the the passage and fixes might be handled seperately. If so, I see no cover whatsoever.

E.g., our earlier threads on the process:

http://forums.anandtech.com/showthread.php?t=2058982

http://forums.anandtech.com/showthread.php?t=2057781

The article also mentions some possible Repub-led parlimentary rules/challenges the house reconcilliation bill may need to pass in the Senate.

MSNBC Article:

Democratic lawmakers hope that they are about to begin the finale of their intricate, year-long dance towards passing a comprehensive overhaul of the nation’s health insurance system.

If the music and lyrics seem a little baffling to you, you’re not alone. Deeming? Whipping? Reconciling? Even staff members on Capitol Hill are trying to keep the steps straight: Whip, vote, vote, sign, debate, vote, sign.

If you want to dance along, here are the steps that must happen for the whole process to be completed: whip, vote, vote, sign, debate, vote, sign.

STEP 1. Whip.
House Democrats need to somehow approve the Senate bill that passed on Christmas Eve of 2009. House Speaker Nancy Pelosi needs 216 “ayes” to get it done, and she and her colleagues are furiously “whipping” — or counting — how their members are planning to vote. President Barack Obama is also working the phones to lobby lawmakers who may be on the fence about their decision.

On Thursday, the Congressional Budget Office posted its final "score" or cost estimate for the “corrections” or “fixer” bill. This legislation is intended to repair what House Democrats see as the flaws in the bill which the Senate passed on Christmas Eve.

Pelosi has pledged to give the public 72 hours to read the final bill before it comes up for a vote. That countdown is expected to begin sometime Thursday afternoon.

STEP 2. Vote.
Because House Democrats aren’t really keen on directly voting for the Senate-passed legislation, which includes the much-criticized “Cornhusker kickback” and other unpopular measures, they are likely to vote instead on a “rule” outlining how the House is going to handle the reconciliation process. That rule will include language that says the House “deems” the Senate bill passed.

House Majority Leader Steny Hoyer, D-Md., said that Democrats are on track for a Sunday vote

(Timeout for an analogy: This “deeming” process, also known as the “self-executing rule” or the “Slaughter rule” — named after the chair of the committee writing it — is a little bit like a tactic sometimes used by ticket scalpers in states that have rigid anti-scalping laws.

Instead of selling the tickets by themselves, these guys tuck the scalped goods into baseball hats and sell them as a package. Ostensibly, if the cops come around, they’re selling hats, even if the price tag is hundreds of dollars.

In the case of the U.S. House, Democrats are voting for the “hat” (the rule) that also happens to have the “tickets” (health care reform) under the brim. The whole process has many critics crying foul, and some even say that it would not withstand a constitutional challenge.)


STEP 3: Vote
The House also needs to pass a package of reconciliation “fixes.” This legislation will contain changes that the House wants the Senate to make to the bill. The “deeming” item mentioned in Step 2 could also be attached to this measure.

This is also expected to happen on Sunday, provided that House Democrats have enough votes to pass it.

STEP 4: Sign
The president must sign the House-passed Senate bill from Step 2. If you’re a Democrat who supports the overhaul, take a bow: Technically, at this step, health care has passed, and insurance industry reforms — like a ban on denying coverage because of pre-existing conditions — are officially enacted into law. But the bill with the president’s signature at the bottom also would contain some very unpopular measures, including the "Cornhusker Kickback" and other special deals for individual states. Democrats still have to fix those unpopular parts of the bill or else face certain disaster in the November midterms.

Obama scrapped a plan to leave Sunday for Indonesia and Australia, instead postponing the trip until June. "The president is determined to see this battle through," spokesman Robert Gibbs said Thursday.

STEP 5: Debate
Swing your partner from the south to the north side of the Capitol Dome. The ‘fixers’ bill that the House passed in Step 3 now goes to the Senate, where debate on reconciliation can begin.

These steps are particularly tricky. Here’s the rules of reconciliation:

* There are 20 hours of debate on the legislation, 10 for each side. Democrats may waive their 10 hours to speed up the process.

* Either side can offer as many amendments as they want, as long as they are ruled relevant to the bill. If Republicans attempt to introduce an overabundance of amendments as a stalling tactic, however, Democrats can declare that the GOP is being “dilatory.” If the impartial Senate parliamentarian agrees, Republicans will have to cut it out. The GOP will also try to raise objections to the reconciliation bill by saying that parts of the bill can’t be passed with only 51 votes. These calls are all up to the parliamentarian to decide.

* Under the Senate’s “Byrd Rule,” named after its author Sen. Robert Byrd, D- W.V., any senator can raise an objection (called “a point of order”) to any part of the bill that does not address budgetary matters. The extraneous matter would be removed from the bill if the parliamentarian upholds that point of order. And 60 votes would be needed to overturn that decision. That could be a heavy lift.

For the whole fixing process to be completed as fast as possible after this point, no changes can be made to this piece of legislation when it’s being debated in the Senate. If there are any changes while the Senate is debating reconciliation, the bill will have to go back to the House and approved again.

Remember, only 51 votes will be required to pass the reconciliation bill, which makes fixes to the existing health care bill. The health care bill itself has already been passed (Step 4).

Harry Reid has said that, if the House passes its version this coming weekend, the Senate will likely start tackling their portion of the work on Tuesday of next week. The goal would be final Senate passage of the fixes by the end of next weekend.

STEP 6: Sign
The president must sign the package of fixes passed by the Senate.

If all of these steps happen, a final version of the bill — palatable to most Democrats and stripped on unpopular deals with individual states — will be signed into law.

But, of course, it is still unclear if the dance will go as planned. Republicans have several opportunities to trip Democrats up as they pace out each step.

Whip, vote, vote, sign, debate, vote, sign.

And of course, it’s possible that Democrats might end up without a bill ... and with two left feet.

Fern
 
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theeedude

Lifer
Feb 5, 2006
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All this to get around Republican obstructionism in the Senate. We could avoid all this by just having up and down votes instead of this BS.
 

Craig234

Lifer
May 1, 2006
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All this to get around Republican obstructionism in the Senate. We could avoid all this by just having up and down votes instead of this BS.

The Republicans cry for a straight majority vote, and they're the ones who prevented one in the first place by filibustering (and doing the same to most important bills).
 

Patranus

Diamond Member
Apr 15, 2007
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The Republicans cry for a straight majority vote, and they're the ones who prevented one in the first place by filibustering (and doing the same to most important bills).

How does a filibuster in the Senate prevent an up or down vote in the House?
 

Danube

Banned
Dec 10, 2009
613
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All this to get around Republican obstructionism in the Senate. We could avoid all this by just having up and down votes instead of this BS.


All this to get around a Dem House/Senate that doesn't trust each other (heh good reasons too). GOP is essentially potted plants if Dems wanted.
 

Fern

Elite Member
Sep 30, 2003
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All this to get around Republican obstructionism in the Senate. We could avoid all this by just having up and down votes instead of this BS.

I think more to the point, this version makes these maneuevers (slaughter/deem and pass) that have caused such an uproar look completely unnecessary.

While solving the 'accountability issue' for House members seemed questionable at best, under this version of events the 'trust issue' isn't resolved in the least.

The 51 vote problem is now out of the Democrats hands, particularly in the House. But deciding to go down this avenue of passage is something completely under their control.

I'm left wondering why the heck Pelosi bothered? These maneuvers are causing a lot of (politcal) trouble and all looks for naught. If so, that means it was ill thought-out and demonstrates extremely poor judgement.

They could've just straight-up passed the senate version, then sent over their reconcilliation bill, which according to this article is what they're doing anyway - just with more (unnecessary) drama/controversy.

Fern
 
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Fern

Elite Member
Sep 30, 2003
26,907
174
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The Republicans cry for a straight majority vote, and they're the ones who prevented one in the first place by filibustering (and doing the same to most important bills).

How does a filibuster in the Senate prevent an up or down vote in the House?

Craig234 is just being disingenuoius. He's knows the Senate filibuster, or cloture rules, have nothing to do with the House. He also knows the Repubs wanted an up or done for confirmation of Presidential appointments, not huge sweeping legislation - 2 seperate things.

Fern
 

woolfe9999

Diamond Member
Mar 28, 2005
7,153
0
0
NOTE: Please do not quote entire post. No need to make thread unnecessarily long. TIA

http://www.msnbc.msn.com/id/35911121/ns/politics-health_care_reform/

This article outlines the steps the House will take to pass this HC bill(s). This is substantially different in how we've previously thought it/discussed it. We'll know on Sunday (I suppose) who's right or if we're all wrong.

Some have said that the House will pass the Senate version "conditionally". And the 'Slaughter solution' or 'deem and pass' would solve the 'trust issue' between the House and the Senate. There's also the whole 'accountability issue' for members of the House passing the Senate version.

Nope, not according to these authors:

1. The House passage of the senate version will not be conditional. According to their version, the President will sign the House passage BEFORE the Senate even takes up the House fixes in the reconcilliation bill.

2. Because of the above, I see no way whatsoever the 'trust issue' has been solved by any of the House's unusual maneuvers. The senate bill will be signed into law before the Senate even takes up debate on the House (fixes in the) reconcilliation bill. If the Senate fails to pass the house bill 'as is' we'll be stuck with the original Senate version, at least until another compromise is worked out in a different reconcilliation bill.

3. The description of passage by the House of the Senate version might offer less (ineffective) cover for accountability than previously thought. I'm referring to their guess that the the passage and fixes might be handled seperately. If so, I see no cover whatsoever.

E.g., our earlier threads on the process:

http://forums.anandtech.com/showthread.php?t=2058982

http://forums.anandtech.com/showthread.php?t=2057781

The article also mentions some possible Repub-led parlimentary rules/challenges the house reconcilliation bill may need to pass in the Senate.

MSNBC Article:



Fern

If you recall, I said that I had read conflicting things in the media, some saying it was conditional and some not. Just today, I heard another pundit (on MSN) saying it was conditional. However, I would tend to credit this article over the pundits as these pundits have been getting a ton of procedure issues wrong. They were hopeless on reconciliation, figuring out long after I did that the dems were never planning on passing the core bill by reconciliation, only a second bill to amend the core bill.

Anyway, I just don't see the advantage of creating controversy over a procedure when the benefit of the procedure is so little. It is meant to help certain dems politically and overall it hurts all of them. If it really was to resolve the trust issue, I could understand it, but it doesn't look like it is.

- wolf
 

OrByte

Diamond Member
Jul 21, 2000
9,303
144
106
This is how I've seen the process unfolding for quite some time. I think that Pelosi et al were simply looking at all the options including deem/pass.

I think what happened though is the media and the fringe latched onto the worst case scenario and did the typical "sky is falling" bit for political theater.

I can't blame congress for looking at any/all avenues to pass the legislation.
 

Ozoned

Diamond Member
Mar 22, 2004
5,578
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reconciliation can only be used on existing law.The Senate bill will have to be signed by the President before the reconciliation process can even start.
 

theeedude

Lifer
Feb 5, 2006
35,787
6,197
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Basically the reason for this is that Senate is so dysfunctional due to GOP obstructionism its impossible to get legislation voted on in there, so they have to take a piece of legislation that somehow managed to pass and then retrofit it instead of just having a vote like a normal legislative body should.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Yeah, I would find it hilarious if the Senate told the house to "get lost" by not passing the house reconciliation/fixes. The senate views the house as the bastard step child and like to treat them as such sometimes.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Basically the reason for this is that Senate is so dysfunctional due to GOP obstructionism its impossible to get legislation voted on in there, so they have to take a piece of legislation that somehow managed to pass and then retrofit it instead of just having a vote like a normal legislative body should.

You mean like the jobs bill that passed quickly with many repubs support?
 

Ozoned

Diamond Member
Mar 22, 2004
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I am aware that "deem" thing has been used before. Has it every been challenged in court?

If it was challenged and judged to be unconstitutional, would all of the other legislation that was passed by using it be thrown out also?
 

ProfJohn

Lifer
Jul 28, 2006
18,161
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0
Basically the reason for this is that Senate is so dysfunctional due to GOP obstructionism its impossible to get legislation voted on in there, so they have to take a piece of legislation that somehow managed to pass and then retrofit it instead of just having a vote like a normal legislative body should.
Up until a couple of months ago the Democrats had complete control of the Senate and could have passed any bill they wanted, and they still had a hard time getting the votes.

Stop blaming it on Republicans who are merely a side show in this whole disaster.
 

ProfJohn

Lifer
Jul 28, 2006
18,161
7
0
I'm left wondering why the heck Pelosi bothered? These maneuvers are causing a lot of (politcal) trouble and all looks for naught. If so, that means it was ill thought-out and demonstrates extremely poor judgement.
Because once we get to step three it is over and the bill becomes the law of the land regardless of what the Senate does or does not do.

Doing it this way allows the bill to pass without actually voting yes/no on the bill in the house.
 

RedChief

Senior member
Dec 20, 2004
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Basically the reason for this is that Senate is so dysfunctional due to GOP obstructionism its impossible to get legislation voted on in there, so they have to take a piece of legislation that somehow managed to pass and then retrofit it instead of just having a vote like a normal legislative body should.

How did the GOP obstruct the Senate health care bill?

Oh, they didn't.

You can't have demicrats not all march in lock step and then blame republicans for it.
 

theeedude

Lifer
Feb 5, 2006
35,787
6,197
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Which is why they are passing that Senate bill and modifying it later. Now Republicans are blocking up and down vote on a single Senate bill.
 

theeedude

Lifer
Feb 5, 2006
35,787
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My view on this is simple as long as Republicans (and Lieberman) use procedural tricks like filibuster to block up and down votes, Democrats should make full use of procedural tricks to pass legislation. If GOP decides to stop abusing filibuster, then we can talk about returning to some normal legislative process.
 

ProfJohn

Lifer
Jul 28, 2006
18,161
7
0
Historically 'tricks' have been used to block votes. But they have NOT been used to pass bills.

Even the Democrats Whip is on record as saying that passing this bill without a yes/no vote would be a bad thing for the house.
 

Craig234

Lifer
May 1, 2006
38,548
350
126
Craig234 is just being disingenuoius. He's knows the Senate filibuster, or cloture rules, have nothing to do with the House. He also knows the Repubs wanted an up or done for confirmation of Presidential appointments, not huge sweeping legislation - 2 seperate things.

Fern

You dishonest son of a bitch, you are not telling the truth about my post, and you remind me why I don't read your posts, this one by accident, for their garbage quality as shown here.

The relationship is that the House passed a bill - as far as I'm aware it had 50 votes in the Senate, but not the 60 required by the filibuster, to it had to be changed a lot to get 60.

That's the connection - the filibuster prevented the bill from being passed by a straight up or down vote of majorities in both houses.

The filibuster caused ths changes to the Senate bill that made it unacceptable to the House.

Whether or not it passed the Senate, without the filibuster it would have had a vote.

The word disingenuous should never pass the lips of someone so dishonest as you about a word I write again. Ir never should have to begin with, either.

As for presidential appointments of lifetime federal judges on the district and appellate courts as opposed to legislation - it's a distinction without a difference on the up or down vote issue.

It's right out of the 'quick, find any difference we can claim matter how irrelevant, to say we're not hypocrites' playbook.

Do me a favor - don't respond, I'll assume you don't agree, don't reply to one of my post again.
 

MotF Bane

No Lifer
Dec 22, 2006
60,801
10
0
You dishonest son of a bitch, you are not telling the truth about my post, and you remind me why I don't read your posts, this one by accident, for their garbage quality as shown here.

The relationship is that the House passed a bill - as far as I'm aware it had 50 votes in the Senate, but not the 60 required by the filibuster, to it had to be changed a lot to get 60.

That's the connection - the filibuster prevented the bill from being passed by a straight up or down vote of majorities in both houses.

The filibuster caused ths changes to the Senate bill that made it unacceptable to the House.

Whether or not it passed the Senate, without the filibuster it would have had a vote.

The word disingenuous should never pass the lips of someone so dishonest as you about a word I write again. Ir never should have to begin with, either.

As for presidential appointments of lifetime federal judges on the district and appellate courts as opposed to legislation - it's a distinction without a difference on the up or down vote issue.

It's right out of the 'quick, find any difference we can claim matter how irrelevant, to say we're not hypocrites' playbook.

Do me a favor - don't respond, I'll assume you don't agree, don't reply to one of my post again.

AHAHAHAHAHHAHAHAHAHAHA

You're really outdone yourself this time, Craig. :awe: