For a good part of the day, yesterday, I had the option of watching the confirmation hearing of Sonia Sotomayer on CSPAN or the mark-up of America’s Affordable Health Choices Act (AAHCA) in the Senate’s Committee on Health, Education, Labor, and Pensions (HELP) on CSPAN2. I was somewhat surprised to discover that the HELP committee coverage was more interesting and less predictable than the coverage of the Senate Judiciary Committee.
To explain why, first let’s take a look at the makeup of the HELP committee.
Sen. Chris Dodd has been chairing the committee in Teddy Kennedy’s absence. Two things of note about this: as Dodd is Kennedy’s best friend, we can be sure that he is faithfully executing Kennedy’s wishes, and, as Dodd also chairs the Banking Committee, we owe him a debt of gratitude for performing double duty. There is a certain level of pathos involved in watching Dodd try to fulfill Kennedy’s life-long dream of universal access to medical coverage while Kennedy struggles to survive an aggressive form of brain cancer. It adds an uncommon touch of drama to what is an otherwise dry congressional procedure.
The first surprise in watching this committee operate is the level of comity. Over the last two days the committee has discussed or dispositioned over two hundred amendments. After having the committee staff review them, the Democrats accepted over sixty Republican amendments without debate and by unanimous consent. In other words, the Republicans have worked hard to improve the bill and have made many constructive and well-thought out contributions. This is especially true of Tom Coburn, who is an obstetrician. As he does on the floor of the Senate, Coburn is in the habit of introducing a blizzard of amendments. But what might be less well understood is that Coburn’s offerings are a mix of obstruction, poison pill, peeve, delay, and smart. It was not uncommon for Coburn to get unanimous support for his amendments, and he has clearly played a large role in writing a bill that he has absolutely no intention of voting for.
Yet, Coburn also introduced a dozen or more amendments seeking to prevent the public option from paying for any abortions. With Bob Casey voting with the Republicans in every case, these amendments were beaten by a 12-11 vote over and over again. But even the tedium of beating back so many vain attempts at restricting a women’s right to reproductive care did not result in any testiness. Dodd (or, in his absence, Harkin) calmly explained their difference of opinion on the issue and held the votes.
As you watch the Republicans operate, an interesting dynamic comes into view. Part of their motivation for offering so many amendments is simple delay. They clearly hope to slow down the process to make it harder for the Democrats to complete the mark-up and have a vote before the August recess. That’s why they offer ten or twelve amendments on the same issues (with only minor variations) that they know will not be accepted. Another category of amendments are intended to slip something by the Democrats that will undermine the intent and effectiveness of the bill. These amendments are usually caught by either Senator Jeff Bingman of New Mexico, Senator Sheldon Whitehouse of Rhode Island, or by chairman Dodd. Watching the proceedings, it quickly becomes obvious how critical it is to have some senators who have a holistic understanding of the health care system sitting in the room at all times. As senators are constantly moving in and out of the hearing room, some of what winds up in a bill is a matter of pure accident. Had Whitehouse or Bingaman been absent, several bad amendments may have passed simply because the other Democrats didn’t understand the sleight of hand being offered by the Republicans.
Some senators are making only a cursory contribution. John McCain, Lamar Alexander, Pat Roberts, Patty Murray, and Johnny Isakson are almost never in the hearing room. Sen. Lisa Murkowski is offering a mix of poison and sincerity, and is also the only Republican to occasionally side with the Democrats on party-line votes. Sen. Judd Gregg provides a mix of budgetary knowledge and silly talking points. Ranking Member Enzi is prone to impotent bitching, but adds value here and there.
Whenever a new amendment comes up for discussion, the staff passes out copies of the language to the members of the committee. Most of them quietly review the language while the author explains the rationale behind their offering. Sen. Barbara Mikulski doesn’t do this. She just asks, “What are you trying to do here?” She doesn’t want to hear a bunch of mumbo-jumbo. She just wants you to cut to the chase.
Sen. Harkin often gives a deceptive impression that he is confused. I think this is because he is losing his hearing. But, just when you think he is befuddled, he launches into a detailed discussion of the merits that shows he has a complete mastery of the details.
There are other surprises. Some amendments are co-sponsored by Bernie Sanders and Tom Coburn, others by Sheldon Whitehouse and Lisa Murkowski. Even as the Republicans show a public face in the media of total obstinate opposition to health care reform, and even as they take steps in committee to delay and poison the bill, they are also making important contributions that will make the final product better than it would have been without their contributions. The legislative process is considerably more complex than it appears on your cable news stations.
While some of the dilatory and deceptive practices of the Republicans are aggravating, this is, in general terms, how the process is supposed to work. The Democrats are wise to be conciliatory and patient, because they are getting real value out of the opposition’s skeptical eye. Provided that the Democrats accept the meritorious and reject the poison, they will produce a better product than if they had just shut the Republicans out.
The reason I find this so interesting is because the public face of the Republicans as the Party of No, would suggest that they are doing everything they can to obstruct and defeat health care and that they are doing nothing else. The truth is that they are multitasking. I doubt very much that Sens. Coburn and Murkowski are going to vote for the health care bill, but they will have significant authorship over the bill that they reject.
Watching this process is eye-opening. It changes my assumptions to see Tom Coburn finding cost efficiencies for a bill whose entire purpose he ideologically rejects.
Above all, watching the nuts and bolts of lawmaking is a bit humbling for someone like me who thinks he has a good grasp of how DC works. It’s true that only political junkies watch CSPAN, but we ought to watch more of it. We tend to watch the high profile hearings where senators and congresspeople do their grandstanding. You’ll learn a lot more by watching mark-ups and conference reports.
You’ll learn which senators are mere show-ponies and which are the real movers and shakers that create our laws. You’ll see who actually shows up to serve on their committees and who can’t be bothered. You’ll see how bipartisanship really works and why it has value, while also learning how much time is wasted in the interests of comity.
It’s unclear if the Democrats will be rewarded for their good-will by getting any Republican support for the health care bill. My guess is, probably not. But the bill will be better for having let the Republicans help write it, despite all their antics and acts of ill will.
Funny enough (and this may be what you mean) Republican participation in this process will probably end up crafting a system that makes it harder for them to fight against to roll back later – or even rail against once the bill comes up for a full vote. Stuff like this:
Coburn could have just left inefficiencies he found in the bill and then turned around, tipped off his leadership that they were in there, and let them use it to pound the bill as a “bad bill”. Even if it passed into law, having known inefficiencies in there would have been easy talking points to keep around for the next time the Republicans have power and are looking for reasons to scuttle whatever health care Dems get passed this time around.
Of course Coburn is actually one of the few I couldn’t see playing the game that way – I don’t like the man’s politics, but unlike some of his fellow Republicans he is an honest-to-Grod budget waste hawk. He doesn’t just complain about it, he actually sits down to try to find ways to cut actual waste out of the budget, not just find programs that he can blow out of proportion and grandstand against (though of course he does that too – expecting a Senator not to grandstand is like expecting a mammal not to breathe oxygen). So maybe if Coburn weren’t on the committee they’d be running the game differently. Or not.
you hear is said often, but it is true. a good legislator will find cause to work with almost everyone.
Watching them fight the inevitable is…gratifying.
At the same time, I wonder how many land mines Sheldon Whitehouse might have missed.
And how many land mines will yet be slipped in.
Nice analysis! It is interesting to hear how the process works, and this give-and-take is why two parties and different points of view are valuable.
The input from Republicans will also provide the “bipartisanship” that Obama is really looking for — if the Democratic leadership is up-front about crediting Republican contributions, then they really can claim the bill is bipartisan, and perhaps shame a Republican here and there to vote for it — and if not, it will make the Republican votes against it, and their complaints of LACK of bipartisanship sound more hollow.
“Bipartisanship” is the code word I’m hearing from business/corporate interests right now objecting to certain sections of the bill (mostly regarding the public plan and the “play or pay” business obligations) — the argument coming from business interests is going to push for “fairness” and “bipartisan support” in the bill, in the hopes of weakening or eliminating the sections they don’t like.
So being able to point to amendments and contributions that ARE in fact coming from both sides of the aisle is a very good thing, it weakens the arguments that the bill was railroaded by a single party without allowing input from the minority.
The HELP committee just passed the bill on a party-line 13-10 vote.
Hah! Figures. Fortunately, there’s CSPAN video…
But this is where the Dems have to give the Republicans credit where credit is due, publicly, so that kind of bs can’t stand…
One of the things that streaming of markup sessions shows you is that both parties are trying to look out for their constituents, but Republicans like the party of No posturing to hold their anti-government base together.
Thus, Rahm Emmanuel asserting yesterday that it is not bipartisan votes for passage that make a bill bipartisan, it is whether both parties had input into the shape of the bill.
BTW, did you see any weakening of the bill going on in the amendment process?
for the most part, no. I saw strengthening of the bill.
Booman, bravo.
No matter how important I view this bill, this issue, I don’t have the time for committee hearings. Not the patience either. You give me hope.
Shocking breaking news. Fred Hiatt opposes progressive taxation for health care.
OK, while everyone is patting each other on the back let’s not forget that the public option does not kick in until 2013. Why? Guess it was the big concession our wonderful representatives had to give to get this through committee.
So, no matter how hisorical this may be, it does absolutely nothing for the 47M without healthcare, those of us currently unemployed, those of us who are currently ill who have no healthcare OR health insurance.
FOUR YEARS? Anyone have an inkling of how many of us will be dead in four years?
How ironic that Obama’s big victory here won’t even help anyone until he’s on his way out-or already gone-from office.
And the insurance companies big concession? Starting in 2010 they can no longer throw folks out for a pre existing condition. Big deal. In the meantime they will have four years to REALLY rip us off.
Don’t worry, Jan. As craptastic as this latest bill is, the Senate will only make it worse. By 2013 the living will envy the dead.
Many, many horror stories of private insurance begin with this, so directly outlawing such a practice would be a GOOD thing, or so I think so.
I wasn’t aware of the effective date.
Oh, well, my Cobra coverage expires next year, so I guess I’m out on affordable coverage at 58 years old.
At least my state has generous bankruptcy exemptions.
Hey- it’s a win win situation:
Insurance companies- WIN HUGE 4 MORE years to get richer
Lobbyiests- make big bucks
Obama gets re elected
Dems get re elected
Pundits can talk about this for years
Rethugs look worse than normal
and WE THE PEOPLE? zip, zero nada as usual. We’ve waited 25 years and now we are being told we have to wait 4 more.
This is a great post. Thanks. Wish I could have seen it.
I’d have made the same choice, health care over Sotomayor.
Outstanding post Boo! Extremely informative – wish I had the time to watch. Thanks for communicating what I missed.