Reconciliation isn’t filibuster-proof

by Eugene on February 26, 2010

in Government

Good news: there may be a way to filibuster the reconciliation process.

The Democrats have threatened to push health care legislation through by budget reconciliation which only requires a simple majority of 51 votes. However, Republicans have found a loophole in the process which allows them to introduce an unlimited number of amendments — in essence, a filibuster.

And Sen. Jim DeMint (R-SC) is ready to put it into action, too:

Though it has never been done, Sen. Jim DeMint (R-S.C.) says he’s prepared to test the Senate’s stamina to block the Democrats from using the process to expedite changes to the healthcare bill.

Experts on Senate procedural rules, from both parties, note that such a filibuster is possible. While reconciliation rules limit debate to 20 hours, senators lack similiarconstraints on amendments and could conceivably continue offering them until 60 members agree to cut the process off.

Another option for Democrats would be to seek a ruling by the parliamentarian that Republicans are simply filing amendments to stall the process. But such a ruling could taint the final healthcare vote and backfire for Democrats in November.

Or Senate Majority Leader Harry Reid (D-Nev.) could use a tactic similar to the so-called nuclear option to quash the GOP tactics.

If those options failed, and Reid couldn’t convince a single Republican to vote with his 59-member conference, Democrats might be forced to consider withdrawing the healthcare bill.

A Democratic leadership aide confirmed to The Hill that the options outlined in this articlee are correct.

I’m just glad that Republicans like Sen. DeMint are looking at any method available to stall, and eventually defeat, ObamaCare. It’s time to go back to square one and redraft this legislation with active participation from both sides of the aisle.

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