Reconciliation Bill May Never Happen

Yes, Rush talked about how after getting the House to pass their bill, they would never even attempt to advance Reconciliation since the bill would be law anyway, but this news is different. It has a possibility of changing votes. Drudge has a link up but the site it links to was overloaded and crashed. I’ve scrounged up some tid-bits from FreeRepublic. So here you go.

DON STEWART, McCONNELL SPOKESMAN: “Republicans have been trying to set up a meeting with Senate Democrats since yesterday to discuss this fatal point of order but have been met with nothing but silence. We suspect Democrats are slow walking us so as to have the House vote first. Since Senate Democrats refuse to meet with us and the Parliamentarian, we’ve informed our colleagues in the House that we believe the bill they’re now considering violates the clear language of Section 310g of the Congressional Budget Act, and the entire reconciliation bill is subject to a point of order and rejection in the Senate should it pass the House.”

Here is the section in reference:

310(g) — LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.—Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304, or a joint resolution pursuant to section 258C of the Balanced Budget and Emergency Deficit Control Act of 1985, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act.

O.K. So, basically it is saying reconciliation can’t be considered under House rules and to do so is to violate those rules which would result in a point of order where it could possibly be completely killed. It is important because of certain posturing of vulnerable Democrats. They have stated their vote of yes is dependent on certain fixes in reconciliation. Without this assurance they could possibly feel too insecure to vote yes. We only need about 2 or 3 people to change their votes to no. It isn’t the holy grail, but it is a glimmer of hope.

If it does pass, and you are wondering what the next step in the fight is…wonder no more. Its constitutionality will be challenged.

More from Ace:

DON STEWART, McCONNELL SPOKESMAN: “Republicans have been trying to set up a meeting with Senate Democrats since yesterday to discuss this fatal point of order but have been met with nothing but silence. We suspect Democrats are slow walking us so as to have the House vote first. Since Senate Democrats refuse to meet with us and the Parliamentarian, we’ve informed our colleagues in the House that we believe the bill they’re now considering violates the clear language of Section 310g of the Congressional Budget Act, and the entire reconciliation bill is subject to a point of order and rejection in the Senate should it pass the House.”
BACKGROUND

DEMOCRAT LEADERSHIP RELEASE: “The Congressional Budget Office estimate of the health care legislation shows an increase in Social Security revenues… CBO projects that the resulting increase in wages will generate $29 billion in additional FICA contributions to the Social Security Trust Fund.” (“Health Care Reform Update,” Office of Rep. Steny Hoyer, 3/21/10)

CONGRESSIONAL BUDGET ACT: “LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.—Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304, or a joint resolution pursuant to section 258C of the Balanced Budget and Emergency Deficit Control Act of 1985, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act.” (Congressional Budget Act Of 1974, Sec. 310g, P. 31)

So, I think, the attempt to divert SS payments into this bill is illegal (and of course it’s a gimmick in the first place to get a better CBO number, once again double-counting a revenue source) and so the reconciliation will fail.

I think that’s the claim.

More….

“Immediately after receiving the final reconciliation bill language, Senate Republican staff was ready and willing to meet with Senate Democratic staff and the Senate Parliamentarian to discuss the fact that the House reconciliation bill may be brought down by the 310(g) point of order in the Senate. Senate Democrats are mysteriously unavailable until after the House votes on the health care bill tonight. The Senate Democrats appear to be pushing off this meeting so that House Democrats will remain in the dark about what is likely to happen to the reconciliation bill on which many have staked their careers in Congress. House Democrats should be alarmed by this latest development, since the survival of the reconciliation bill is clearly at risk in the Senate.”

Eyorepundit isn’t optimistic: