Reconciliation on healthcare tough to reconcile

As President Obama plans his next move on healthcare reform, desperate to rescue his signature initiative after the dismal August recess depleted more political capital and left Democrats panicked, it is becoming clear that "reconciliation" doesn't look like it can be reconciled.

Democrats provided a procedural backstop measure for themselves when they passed the budget in the spring, a move that could allow them to pass healthcare reform with only 51 votes in the Senate instead of the traditional 60 required to break a filibuster. Read Alexander Bolton's story in our paper on reconciliation and how Republicans are planning to fight it. The measure, originally designed for deficit reduction, can't be used on anything that doesn't spend or cut spending. The GOP is prepared to file points of order against a final bill so that any provisions that don't save or spend are subject to a vote. To waive a point of order you need 60 votes. Get it? Healthcare reform probably needs 60 votes no matter how you cut it.

While it isn't impossible to design a bill that could pass under reconciliation, it is difficult. The idea is also politically unpopular. Passing a partisan bill under this procedure would likely ensure that most, if not all, Republicans vote against it and possibly future bills of importance to the Obama administration as well.

According to Bolton's story, if any insurance reforms — not likely to pass muster under the procedure since they wouldn't spend or cut money — were included in a separate "sidecar" bill they still might not pass muster with the GOP if any other parts of reform were passed under reconciliation.

Senate Minority Whip Jon Kyl (R-Ariz.) said recently that Republicans shouldn't help Democrats pass a partisan bill by voting for the separate, second bill. "Of course that would be no deal because you'll have the government-run insurance and the other liberal parts, including the tax increases in the part that the Democrats would pass with just a bare majority of votes," Kyl said.

Looks like it is time for Plan C.

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