Hollow reconciliation threatsAccording to ABC's “The Note,” "Senate Republicans say they can get the whole package of reconciliation fixes – the fix-its that make the Senate plan palatable to House Democrats – thrown out with a trump card procedural motion." That trump card? The dreaded 310(g) point of order.
The less you know about this, the more impressive it sounds. Budget point of order 310(g) "prohibits consideration of reconciliation legislation that contains recommendations with respect to Social Security." In particular, it bars changes to the Social Security trust fund. As points of order go, this is a pretty easy one to avoid: All you have to do is refrain from mucking with the Social Security trust fund. Which this reconciliation bill, like all reconciliation bills, does. Both sides in this debate have read the rules governing reconciliation, so you're not likely to see major errors of that sort.
But my sense is that there's some confusion about what happens if the parliamentarian rules against the Democrats on this or that provision. So let me be clear on this: Reconciliation isn't all or nothing. The parliamentarian isn't ruling whether you can do a reconciliation rider. He's ruling over what you can do with it. An adverse ruling is more annoying for the Democrats than it is disastrous.
If the parliamentarian strikes a provision or two, Senate Democrats will either pass the reconciliation act with that provision deleted from the package or they'll rewrite the package to try and achieve the same thing in a way that survives parliamentary challenge. Either way, if the package Senate Democrats pass is changed from the package the House considered, then it will have to go back to the House to be passed again. But since House Democrats clearly have the votes to pass reconciliation fixes, that shouldn't be much of a problem.
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http://voices.washingtonpost.com/ezra-klein/2010/03/hollow_reconciliation_threats.html