The Health Care Nuclear Option is still the stated plan to get Obamacare to the President’s desk. The latest wrinkle is designed to allow pro-life Democrats to vote for the Senate’s taxpayer funded abortion language while still claiming they never voted for taxpayer funded abortions. Don’t be fooled.
First, let’s be clear that the Senate bill allows tax dollars to be used for abortions. According to Chuck Donovan of The Heritage Foundation, the Senate passed Obamacare bill funds abortion in several ways, even creating an appropriation for Community Health Centers that contains no restriction on abortion subsidies. If the Senate version of Obamacare is passed by the House and sent to the President, then the House has consented to the federal funding of abortion.
House members have come up with a unique way to structure a vote that attempts to avoid the House voting on legislation before it goes to the president. First, the House Budget Committee will report out a reconciliation bill. It is unclear as to whether the Stupak Amendment will be added. This reconciliation measure would be reported for consideration by the House of Representatives as a whole.
Speaker Nancy Pelosi (D-CA) would then package the Senate passed Obamacare bill and the House reconciliation measure into one measure. The House rules committee will report out a rule that will allow the Senate passed Obamacare bill to pass the House without a vote. The rule will be self-executing in the sense that the House will have been deemed to pass the Senate Obamacare bill if the House can muster the votes to pass the reconciliation measure. The House has used this procedure in the past during a debate on funding the Global War on Terror and in passing debt limit increases under the “Gephardt Rule.”
There is a constitutional issue raised by this procedure. Article 1, Section 7, of the Constitution states in part “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States.” If the House does not vote on a bill, is it considered to “have passed the House of Representatives?” Don’t expect the Supreme Court to take up this case, because this is in the realm of a political issue that the Courts tend to want resolved by the House and Senate through the democratic process. It is a Constitutional concern and should be discussed by all Americans. If any member of Congress claims to have not voted for the pro-abortion Senate passed bill, one can point to this provision in the Constitution to argue the opposite.
Procedurally, this would happen in the following order. The House Rules Committee would approve this self-executing rule. The House would vote on the rule that allows this scenario. Then the House will vote on the reconciliation measure. Upon passage of the reconciliation measure the Senate Obamacare bill will be deemed to have passed the House and the reconciliation measure will be sent to the Senate. This so called “Deeming Resolution” is a trick that allows the House to pass a bill they never voted upon. Therefore, the real vote on the pro-abortion Senate passed bill will be the vote on the rule to allow this scenario to roll out on the House floor.
One provision that may make the rule is a provision that does not allow the House to report the Senate passed Obamacare bill to the President until the Senate passes a reconciliation bill. Bills are enrolled before being sent to the President for his signature and the House can prevent the enrollment and delivery of Obamacare to the President until the Senate completes work on the reconciliation measure. Sound complicated? Yes and it is supposed to so the American people can’t understand that the House is on the verge of passing an unpopular Obamacare bill, yet they are reserving the right to claim that they did not vote for the Senate passed bill.
If the liberals in the House can pull off this trick, this would have allowed Senate Majority Leader Harry Reid (D-NV) to have secretly written the version of Obamacare going to the President’s desk. Do you remember Harry Reid and the Chamber of Secrets? Reid merged, without any official proceedings, the Senate HELP and Senate Finance Committee versions of Obamacare, with his personal additions to the bill including a Public Option with an opt out for states, in closed door meetings with political elites. Basically, White House Chief of Staff Rahm Emanuel, HHS Secretary Kathleen Sebelius, OMB Director Peter Orszag, Senators Harry Reid (D-NV), Max Baucus (D-MT), Chris Dodd (D-CT) and a few other liberal Senators have rewritten health care law in secret closed door meetings.
After those meeting the Senate moved to proceed to this bill, without any hearings or opportunity for public review. During debate in the Senate, Senator Harry Reid crafted a manager’s package of amendments and added the Cornhusker Kickback for Nebraska, a Louisiana Purchase and a Gator-Aid earmark. Now the House is preparing to pass this bill without a vote. The American people should demand that Congress start over. This secretive and non-transparent procedure is not way to force through Obamacare.
Another day, another stream of health care fantasy from the White House. A quick look at two health care events from yesterday, one in Glenside, Pennsylvania, and the other in Tawas City, Michigan, clearly exposes the yawing gap between the Obama administration’s health care rhetoric and cold hard legislative reality. First in Glenside, President Barack Obama turned up the volume on his already tired “final push” for health care reform. In addition to the usual litany of false claims about the legislation in Congress (in fact, you don’t get to keep your doctor, it isn’t paid for, it doesn’t reduce costs) President Obama also repeated his new line from his doctors-in-lab-coats address last week:
We have now incorporated almost every single serious idea from across the political spectrum about how to contain the rising cost of health care … Our cost-cutting measures mirror most of the proposals in the current Senate bill…
But, as we pointed out last week, there is one not-so-minor difference between the Senate bill and the President’s new proposal: the Senate bill actually exists. Now, Democrats may be telling their conservative counterparts that they will have reconciliation legislative text in front of the Budget Committee by tomorrow, but don’t hold your breath. The “fixes” that the White House is promising wavering House Democrats they will make all sound easy at first glance: 1) scaling back the tax on high-end health insurance policies; 2) closing the Medicare D loophole; 3) boosting insurance subsidies; 4) increasing Medicaid payments; and 5) fixing the Cornhusker Kickback. But when you take a second look, you see that all of these “fixes” will cost more money. Just look at the Cornhusker Kickback which the President chose to address, not by taking away Nebraska’s special Medicaid payments, but by extending those extra Medicaid payments to every state! Every single item in the President’s proposal either increases spending or reduces new revenues. And he didn’t put forward any way to pay for them. If passing health reform were as easy as giving away free candy, Obamacare would be law already. Finding a way to pay for all these fixes is going to be just as difficult as every earlier effort to pay for this bill. So don’t expect any solutions anytime soon.
And we haven’t even mentioned “abortion” yet, which brings us to Tawas City where Rep. Bart Stupak (D-MI) hosted his own health care townhall. Now the Associated Press headline may read “Stupak: Health bill abortion fight can be resolved” but then the AP actually reports “Rep. Bart Stupak said he expects to resume talks with House leaders this week…” In other words, there is no agreement yet. And what kind of timeline is Stupak looking at for such an agreement? WJRT reports: “[Stupak]’s confident a bill will pass sometime this year.” “Sometime this year” is a bit longer of a timeframe than the White House deadline of next Thursday. But even more importantly, look at the process Stupak suggests for final passage: “According Stupak, until the House and the Senate bills and the president’s proposals become one piece of legislation, health care will remain in limbo.” Considering that everyone agrees that abortion cannot be fixed in reconciliation, Stupak’s position is a total rejection of the White House’s current plan to have the House pass the Senate bill now on the promise that the Senate might come back and try and fix it sometime in the future. Stupak clearly wants “one piece of legislation,” and the only way to accomplish that is to scrap the current Senate bill and start over.
In the meantime, legislative “limbo” has not been kind to the Senate bill. Every day seems to bring news of yet another yes vote switching to undecided or no vote. Just yesterday, former-yes votes Reps. Michael Arcuri (D-NY), Dan Maffei (D-NY), Bill Owens (D-NY) and Dan Lipinski (D-IL) all confirmed they were either now undecided or would vote no. And Rep. Artur Davis (D-AL), who voted no the first time, said he would suspend his campaign for Governor just so he could come back to Washington to vote against Obamacare again. The President can travel the country talking about an up-or-down vote for “our proposal” all he wants, but the reality is he simply doesn’t have the votes in the House for the only piece of health care legislation that actually exists.
Quick Hits:
- With recipients now allowed to collect unemployment benefits for as long as 99 weeks, one may now wonder if this “temporary” relief has turned into a permanent, expensive entitlement.
- The New York Times details Spain’s failed experiment with massive solar power subsidies.
- State health insurance experts see huge flaws in President Obama’s health insurance price control scheme.
- States with large government union pension liabilities are taking big investment risks to try and cover their huge pension liabilities.
- According to a new Democracy Corps/GQR/Third Way poll, 51% of likely voters disapprove of President Obama’s decisions on interrogation and prosecution of terrorism suspects.