iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Lawrence O'Donnell

Lawrence O'Donnell

Posted: January 17, 2010 09:03 PM

It is now a given that if he wins a Massachusetts Senate seat on Tuesday, Scott Brown will destroy the Democrats' plan to pass health care reform. But he will also destroy the Republicans' not-so-secret plan to pass health care reform.

In Washington, where everyone is desperate to know what's happening behind closed doors, all you have to do to keep something secret is do it out in the open, preferably on C-Span. Mitch McConnell did exactly that when he entered a unanimous consent agreement with Harry Reid about how to proceed on the health care bill. McConnell knew that agreement was going to make it impossible for Republicans to amend the bill and would put it on a fast track toward passage.

McConnell accepted an agreement brilliantly designed by Reid that required 60 votes to pass an amendment. McConnell did that without anyone noticing anything odd after a year of saturation coverage of the importance of 60 votes in the Senate. Everyone outside the Senate now thinks it takes 60 votes to do anything. Not amendments. Amendments pass by a simple majority, 51 votes. Amendments are usually debated for a couple of minutes or hours or days, then voted on. Once in a while, a 60-vote cloture motion is needed to end debate on an amendment. What McConnell agreed to was an implicit cloture motion in every vote on every amendment, thereby completely surrendering the minority's real power. In all my years in the Senate, I never saw a leader make such a mistake. If it was a mistake.

There are no real filibusters in the Senate anymore. The way you "filibuster" a bill that you want to kill is offer an endless stream of reasonable sounding amendments that have to be debated and voted on. It's easy to come up with one amendment per page of legislation. That's why the Republicans offered hundreds of amendments during the Senate committees' debates on the bill. When the majority leader brings up a two thousand page bill, the minority would normally come up with at least five hundred amendments that could drag out the debate for several months. That's what the Republicans did in 1994 when they killed the Clinton health care reform bill on the Senate floor. No filibuster, no forcing the Democrats to clear 60-vote procedural hurdles, no forcing a reading to the bill, just an endless stream of reasonable sounding amendments -- so reasonable that some of them passed with votes of 100 to 0. And the Democrats, seeing this could go on forever, surrendered. Fifty-seven Democrats were defeated by forty-three determined Republicans.

This time, Republicans tried to look obstructionist. To the media, the Tea Partiers, and Sarah Palin, it sure looked like Republicans were pulling out all the stops -- forcing a reading of the bill, forcing a frail elderly senator to vote in the middle of the night. But the Republicans only offered four substantive amendments along with five hopeless motions to send the bill back to the Finance Committee. One Republican amendment actually got 51 votes, but didn't pass because McConnell's 60-vote agreement with Reid sabotaged it. A Democratic amendment on re-importation of prescription drugs got more than 50 votes but did not pass. It would have shot a hole through Harry Reid's bill, as would other Democratic amendments that got more than 50 votes and failed. McConnell's unanimous consent agreement with Reid made Reid's bill impenetrable on the floor.

There are no columnists or pundits who understand Senate parliamentary procedure. There are actually very few senators who do. McConnell knows that. He knew everyone would fall for the silly stunts that looked obstructionist while he was surrendering all his power to Reid.

And now the strategy becomes clear: Repeal it! That is the Republican Party battle cry for the 2010 election. Repealing Obamacare is going to be the centerpiece of their campaign to take back the House and Senate. But how can you repeal it if they don't pass it. Hence, Mitch McConnell's enabling.

President Obama threatening to violate a campaign pledge by taxing workers' health care plans is one thing, but actually doing it is a dream come true for Republicans. They know the health care reform bill has a handful of taxes like that, none of which were mentioned by any Democrat in the last campaign. They can't wait to campaign to repeal those taxes. The internal Republican strategy debate now is should we repeal the whole bill or maybe leave some of the more popular sounding bits alone? But how can they run on any kind of repeal if Scott Brown wins in Massachusetts and steps into the Senate just in time to kill Obamacare?

If that happens, and the Democrats then scale back their dreams on cap and trade and other liberal ideas, then maybe moderate independents -- including some of Scott Brown's voters -- might think Mitch McConnell has all the Republicans he needs to keep the Democrats on the moderate course those voters prefer. So who is Mitch McConnell really rooting for in Massachusetts?

 
It is now a given that if he wins a Massachusetts Senate seat on Tuesday, Scott Brown will destroy the Democrats' plan to pass health care reform. But he will also destroy the Republicans' not-so-sec...
It is now a given that if he wins a Massachusetts Senate seat on Tuesday, Scott Brown will destroy the Democrats' plan to pass health care reform. But he will also destroy the Republicans' not-so-sec...
 
 
  • Comments
  • 634
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Bloggers
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (15 total)
Mercy8 om
Still Crazy After All These Years
09:02 AM on 02/12/2010
Lawrence!

Just saw you give it to that Thiessert guy on Morning Joe. God bless you man!!! You are my hero! We need more men like you out in front cutting through the lies and the self serving machinations of our politicians and their syncophants.

The left needs more warriors like you!
06:15 PM on 02/07/2010
Join Ben Affleck Should Run for Senate in Massachusetts in 2012 facebook group: http://www.facebook.com/group.php?gid=265543529914
This user has chosen to opt out of the Badges program
afgail
Wise and strong.
01:48 AM on 02/03/2010
Time to jettison Harry Reid. It's time for him to announce he will not seek re-election to spend more time with his family. Replace him with Dick Durbin or Russ Feingold like NOW.
01:18 PM on 01/23/2010
In an ocean of left wing whining and rose colored crappola every once in a while a piece of, well, silver, not gold, appears in the dross.
Being a person who actually knows Roberts Rules of Order and having been in many organizations and thereby know how they are changed to make them "workable", please read "useable to ram something through that the idiots don' t know about", I wold like to comment.....(pun) that this commentary is spot on.
And the libs/progressives think they are so smart! Gotta watch out for anybody that says something like "I'm just a gold ol' boy.....".
GOOD ARTICLE!!
11:27 PM on 01/21/2010
helpful insight. but anyone agree that GOP gains if corporations can get health care liabilities off their books if Obamacare were enacted, and private plans were simply priced at 2x to 4x of the government plan? the GOP either helps the private insurers win, or Plan B, helps get big employers out of the health care business, whichever way it goes down.
08:52 PM on 01/20/2010
"It wasnt a mandate on healthcare as MASS has healthcare. "

Correction. Since nearly everyone in MASS has healthcare it then makes sense that they don't wish to also pay for all the other states that don't. This is not only a referendum against the foolish healthcare reform push but against Obama's policy himself.

Obama goes to VA and Republican wins. Same thing in NJ and now MASS of all places....haha. Wake up! Stop supporting the rape of the American People. No means NO!
11:50 AM on 01/21/2010
LOL

This is not a referendum on health care, this is a referendum on how stupid and selfish 52% of the voters in Massachusetts are.
Nothing more.
12:16 PM on 01/21/2010
While 97% of Mass has health insurance post the Romney "Mass Connector" plan, the premiums are the highest in the nation, and even with subsidy folks can only afford crap policies (crap policies plus new young insureds means Mass ave premium has dropped drastic - but that is just math that changes nothing in terms of the health care or health outcomes in the state - or the cost for an individual). Over 21% still do not get needed health care because they can't handle the out of pocket - even after insurance. Mass outcomes are not improved and our lifespan is the US average of 3 years less than the EU average.

There was no increase in votes for the GOP - Brown got the same number of votes as McCain in Nov 2008. But the left - the base of the Democratic Party - did not show up so as to send a message to Obama - no more Corporate Welfare deals.

How else do you explain a drop in the Democratic vote of 900,000?

I am there - I speak with others in the base - and it was "message sending" - not any economic analysis.

If this message is ignored by the Democratic Party, more messages will be sent.
11:33 PM on 01/21/2010
The 3% difference is accounted for in driving-related deaths alone. We need to learn how to drive. If we can do that plus stop subsidizing obesity, we'll be the healthiest nation in the world paying less than we are now instead of more.
08:48 PM on 01/20/2010
My view is that many folks in Massachusetts remembered Ms. Coakley's role in the Fells Acres Daycare Massacree/Violet Amirault, Gerald Amirault & Cheryl Amirault LeFave case(s) and voted against her on that ground.

Coakley, and, before her, Scott Harshbarger (with help from the Mass "Supreme Judicial Court") participated in what might charitably called "abuses of process."

In similar US cases, where neo-Salem Witch-o-mania was rampant, defendants sued in civil court and won multi-million-dollar damage settlements against their prosecutors. Coakley may have finessed a suit, by making LeFave "pay" for her release by giving up her right to sue, her right to speak out, her right to rehabilitate her good name. Clever of Coakley. But she had an advantage: Physical freedom vs. civil rights--- free speech, access to civil courts, & the right to try to make a living. I'm reasonably certain that if Amirault-LeFave were to write a coherent first-person account of her travails, it would sell well. Which would give her the bucks to take on the courts, overturn her conviction, win a high-dollar tort suit against Harshbarger, Coakley, et al. Who knows? Perhaps at the end of her 10-year "supervised parole" she can do so. It would be fitting, IMHO.)

Read Dorothy Rabinowitz' WSJ columns "A Darkness Falls In Massachusetts, I, II and III". Find links here: http://mysite.verizon.net/vzex11z4/amichron.html

Her defeat was well-earned. Sad that others may bear the burden of it.
01:17 PM on 01/21/2010
Scott Harshbarger was the villain in the 83 case. In 1999 Martha got them out of jail with a plea deal, going against massive public opinion at the time.

People in Mass like myself know the facts - why spread this crap?

The base sent a message - 900000 did not show up to vote - I guess anything will be thrown at the wall to see if it sticks as a reason to get the Democratic Party to ignore the message and thereby move the Democratic Party to the right .
photo
HUFFPOST SUPER USER
dngrwill
set the phasers for 'fun'!
08:11 PM on 01/20/2010
I believe it is stupid to avoid or dismiss the obvious message being sent by the people in MA, and that is frustration for "government" Republicans AND Democrats. Republicans are still tied to the Bush legacyand Democrats don't really seem to be CHANGING anything. It still feels like the s*it sandwitch we ate during the Bush years.
So given the choice (and a well run campaign) the people in MA said FU to the party line and voted for the person who presented themselves better and had a much better grasp of the issues than Coakley. It also didn't help that Coakley has no personality at all. IMHO she showed her stripes when she went after the $10M fine from the epoxy company and not anything else was a scam in a project that cost XXX Billion and was over plan and over budget from _before_ the start. It's as if everyone
in the statehouse decided that the way they could get the money was to buy a whole crap-load of lottery tickets...
photo
dollbaby
Spice...."The Toughest Fighter."
07:38 PM on 01/20/2010
I listened to a Brown supporter on Schultz's radio show as I drove home from work. He was loud and very misformed.....believed that if healthcare passsed he would have to pay a 40% tax. Ed asked how much he made? $42,000- no tax actually he would get help to pay for coverage. He refused to believe it. Ed then mentioned that pre-existing conditions would have to be covered. The caller than admitted he had a pre-existing condition but still wasn't persuaded . As he put it Mass and Hawai have state healthcare for all and so he agreed with Brown that the entire nation shouldn't. Ed finally hung up on him.
11:41 PM on 01/21/2010
The whole nation can have coverage without it being federal. If 50 separate states all run their own programs, they can be tailored to suit the needs of each state better. States with higher obesity can have better preventative medicine for that. States with higher STDs can have morer coverage for that. And every state can learn from all the other states what works and what doesn't. That's a much sounder solution than one big plan that only a swiftly shrinking percentage of Americans agrees with. And states that want to cover abortions can't be told "no" by the states that don't want to. Isn't that a better solution all around? 50 solutions are better than one, especially since nobody likes the Senate bill. Yuck. At least the House bill covered everybody. The Senate bill is soooo lame!
This user has chosen to opt out of the Badges program
photo
11:23 AM on 01/23/2010
That's only a sounder solution in your imagination. The rest of us need a policy that works in reality. Competition between the states sounds good on paper but in the real world results in a race to the bottom, meaning no health care, which is the situation we have today. Remember, states aren't only competing on health care, but on taxes and other things.
05:25 PM on 01/20/2010
Just remember that the Republithugs use lies and subtrifuge to gain control but the Dems are close behind, Martha Coakley was a poor candidate pushed by Clintonista/gynocrat Therese Murray, President of the Mass Senate, in an attempt to shatter the Washington glass ceiling for more women. Some bozo named Paglialuca, rich boy owner of the Celtics and Romney supporter was a "democratic contender" in the primary - really, a buddy of Romney was running for Senate as a dem - this pushed the only good candidate - Congressman Mike Capuano to the side. Capuano would have cleaned Pud Man Brown's clock - but I held my nose and voted for Coakley anyway. I'm disgusted at the lack of understanding - numerous people I work with, thought Brown was an independent - how stupid can you get - well at least he'll have to run on his voting record if he runs again - but somehow I suspect he'll end up like Senator Vitters. Oh did I mention that as DA and now Mass Atty Gen'l Ms Coakley has yet to prosecute a single pedophile priest - she is Catholic but ...........
This user has chosen to opt out of the Badges program
photo
steve-annie
my micro-bio will remain empty
06:12 PM on 01/20/2010
Hmmm ... I guess we'll have to start calling you misogynists urolocrats! Or maybe you're too young for that. How about turn-your-head-and-cough-ocrats?
This user has chosen to opt out of the Badges program
05:06 PM on 01/20/2010
I have learned one thing during the past year. When corporations lose they win big, and when corporations win, they win bigger. Health Care Reform, Health Care Deform -- it matters not what gets passed.
03:52 PM on 01/20/2010
As usual the American people are the losers. Thanks to the Republicans and the democrats who didn't have the courage to do something about healthcare. Costs will soar because the idiots out there that don't want change are to stupid to realize that the Health Insurers fix prices among themselves and as time goes on they will do as they please to make record profits which means the American people will have to spend a very large portion of their income to have only the health care insurers want them to have if any at all. Stupid, stupid, stupid.
photo
Star2000dancer
Pay it forward, the movie..
07:29 PM on 01/20/2010
Odd.....I was paying $525.oo/month for Blue Cross & Blue Shield 2 or 3 decades ago. I remember it went up from $35.00/mo slowly, then boom! It just exploded.
Now I hear on tv that your Insurance could go to 5 or 6 hundred/month. Huh? By now it should be about $2000/month according to the rate it was increasing then.
So now, I'm a little confused.
01:51 AM on 01/21/2010
I do have a pre-existing illness and after my COBRA ran out attempting to get health insurance was nearly impossible. After paying for health insurance continuously for 30 years every major company turn me down. I was 'lucky' enough to have one offer coverage- at $2,600 a month. Who can afford over $30,000 a year for insurance? It's more than my mortgage and household expenses combined. No one should have to choose between living indoors and health care.

I was a republican before all this started but I'll never again vote for anyone who refuses to vote to provide a basic necessity to every American man, woman, and child.
HUFFPOST SUPER USER
Righterthenthou76
Talk right think left
01:49 PM on 01/20/2010
Some excellent points made by Mr. O'Donnel, and proving beyond a doubt that there is no difference between Republicans and Democrats.
HUFFPOST SUPER USER
Juanmanuelsotoarg
01:45 PM on 01/20/2010
the voters of massachusetts sent a clear message:

we are too ignorant and stupid to think about why we are voting for someone who represents the super-rich and yet he acts like he cares about the common man...we cant see through that
12:06 AM on 01/22/2010
Hey Juan. You obviously don't own a business but if you did imagine this. You make $200,000 a year. The government tells you it's gonna cost you an extra $50,000 a year in new taxes. Do you take one for the team and say "well, guess I make $50,000 less a year now"? No, you tell your employees "sorry but I've gotta let you 2 guys go and the rest of you don't expect to see a raise anytime soon". Like it or not, if the big bad rich take the tax hit (which they can afford), and us guys in the middle class are gonna pay. I haven't had a raise in 4 years and happy to have a job. Maybe if these guys don't hire or something *then* you tax 'em but we need to especially give small business a chance make it.
04:02 AM on 01/22/2010
If you can fire people and still be able to compete, then fine. Then again, if you did not need those employees you would have fired them with out without a tax increase, because that's an extra $50,000 in your pocket.

But if a competitor comes along who's willing to sacrifice more than you, then they win and you lose. They get the business, they hire the people, and you get to work for them.
12:57 PM on 01/20/2010
I'll freely admit my ignorance of parliamentary procedure, so I appreciated this article very much.