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Just go for reconciliation and take the chances

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question everything Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 07:53 PM
Original message
Just go for reconciliation and take the chances
As someone commented this morning on one of the news report: how many of the 100 Senators will do "a Lieberman" now? We know that Nelson is one.

It appears that no one knows how to interpret the Byrd rules, so show some courage and just take the plunge.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=433x66216

The Byrd rule states that legislation is unfit for reconciliation if it "produce changes in outlays or revenue which are merely incidental to the non-budgetary components of the provision." I asked Jim Horney, a budget expert at the Center for Budget and Policy Priorities, how you define "merely incidental." And what, exactly, is a "provision"? He sighed. A provision, he said, is "not defined anywhere. It goes well below a title or section of a bill and even below a paragraph. But exactly what it is nobody knows." And the Senate rules offer no more clarity on the definition of "merely incidental." Asked if anyone had developed an accepted meaning, Horney seemed almost apologetic. "No," he said. "Absolutely not."

The matter is not simply academic: The Byrd rule allows senators to challenge the acceptability of any provision (undefined) of a reconciliation bill based on whether or not its effect on government revenues is "merely incidental" (undefined). Thus, if you enter reconciliation with a health-reform bill, it's not clear what's left after each and every provision -- however that is defined -- is challenged and a certain number of them are deleted altogether: the tax portions, certainly. And the government subsidies. But is regulating insurers "merely incidental" to government revenues? How about reforming hospital delivery systems? How about incentives for preventive treatment? Or the construction of a public plan? An individual mandate? It's hard to say. The ultimate decision is left up to the Senate parliamentarian, whose rulings are unpredictable. Under George W. Bush, Republicans managed to ram tax cuts, oil drilling, trade authority, and much else through reconciliation. But they were as often disappointed: The GOP leaders fired two successive Senate parliamentarians whose Byrd rule rulings angered them.

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question everything Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 01:20 AM
Response to Original message
1. Oh, just kick for the night (nt)
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cliffordu Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 01:25 AM
Response to Original message
2. I'll kick it too.....just to see if anyone knows....
Are there any policy wonks left in these parts, or are we all just hysterics and purists...??

(I include myself in the hysterically pure group....lol)
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 01:27 AM
Response to Original message
3. That would require leadership and the courage of convictions
neither of which have been on prominent display
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question everything Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 01:24 PM
Response to Reply #3
4. Sadly, you are correct
They are so scare about their seats that they won't dare do what is right.
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TwilightGardener Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 01:26 PM
Response to Original message
5. They might be forced to, or have no worthy bill at all, because of Helmet Head.
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uponit7771 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 01:27 PM
Response to Original message
6. Rec, but NOT on the whole bill just on cost controls and throw in the farm with cost controls...
...so KKKons can't take it away at a later time.
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