Hillarysworld

Tuesday, December 22, 2009

Unrepealable? [Robert Costa]

Sen. Jim DeMint (R., S.C.) has thumbed through Harry Reid's manager's amendment and discovered some "particularly troubling" rule-change provisions, especially with regards to the proposed Independent Medicare Advisory Board, which he finds could be unrepealable:

Here's a transcript of the exchange between DeMint and the Senate president (h/t RedState):

DEMINT: But, Mr. President, as the chair has confirmed, Rule 22, paragraph 2, of the standing rules of the Senate, states that on a measure or motion to amend the Senate rules, the necessary affirmative vote shall be two-thirds of the senators present and voting. Let me go to the bill before us, because buried deep within the over 2,000 pages of this bill, we find a rather substantial change to the standing rules of the Senate. It is section 3403 and it begins on page 1,000 of the Reid substitute. . . . These provisions not only amend certain rules, they waive certain rules and create entirely new rules out of whole cloth.”

[The Senate President disagreed and said it was a change in procedure, not a change in rules, therefore the Senate precedent that a two-thirds vote is required to change the rules of the Senate does not apply.]

DEMINT: and so the language you see in this bill that specifically refers to a change in a rule is not a rule change, it’s a procedure change?

THE PRESIDING OFFICER: that is correct.

DEMINT: then I guess our rules mean nothing, do they, if they can redefine them. Thank you. and I do yield back.

THE PRESIDING OFFICER: the senate stands adjourned until 7:00 a.m. tomorrow.

As RedState wonders: Why did the Senate adjourn just when the questions got tough?

UPDATE: Some background from a GOP Senate staffer:

More from John McCormack over at The Weekly Standard:

According to page 1001 of the Reid bill, the purpose of the Independent Medical Advisory Board is to "reduce the per capita rate of growth in Medicare spending." For any fearmongers out there tempted to call an unelected body that recommends Medicare cuts a "Death Panel," let me be clear. According to page 1004, IMAB proposals "shall not include any recommendation to ration health care"—you know, just like the bill says there's no funding for abortion.

Paging Sarah Palin: the death panel is unkillable.

Update: A friend suggests that Congress could kill IMAB by refusing to fund it. So much for zombie death panels, I guess, for now. Also, the Senate could change the rules to rule repealing or amending IMAB in order. But that would take a 2/3 majority. The Democrats aren't playing by the rules; they may be violating the Constitution.

And from William Kristol:

Why did the authors of the legislation want to specially protect the Independent Medicare Advisory Board by making it difficult for future Congresses to legislate in that area? Because the heart of the bill is the attempt to get control of our health care permanently in the hands of federal bureaucrats, who would allegedly know better than doctors and patients what’s good for them, and who would cut access to care and the quality of care so there’s more money left over for various big government liberal social programs.

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