Adam Schwartzbaum's Blog
Adam Schwartzbaum's Blog
The In-Specter
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How far will Specter go for the public option?
In the last few days, liberals across the country were apoplectic as they learned of Joe Lieberman’s about-face on the Medicare buy-in proposal floated last week as a way to redeem the public option in the Senate. Though this proposal was specifically designed to get Lieberman’s support—in a widely posted video made just three months ago, he floated the idea as an acceptable way to cover millions of uninsured Americans— on Face the Nation Sunday, Lieberman changed tack.
We’ve got to stop adding to the bill,” said Lieberman. “We have to start subtracting some controversial things. I think the only way to get this done before Christmas is to bring in some Republicans who are open minded on this like [Sen.] Olympia Snowe…”
How does one do that, asked host Bob Schieffer?
“You have to take out the Medicare buy-in,” said Lieberman. “You have to forget about the public option. You probably have to take out the CLASS Act, which was a whole new entitlement program that will, in future years, put us further into deficit. And you have to adopt some of the cost containment provisions…. If you did that, you’d have an enormous accomplishment. Thirty million Americans who can’t afford insurance today would get it. Insurance companies would be more aggressively regulated and costs would be bent down. It’s time to get reasonable.”
Democratic leaders were quick to roll over to Lieberman’s demands. Within days, Harry Reid caved to Lieberman, dropping the public option and the Medicare buy in plan from the Senate bill. Lieberman, looking triumphant, appears ready to finally vote for reform. It appears the Democrats may finally have 60 Senate votes to pass some version of health care reform.
But at what price?
For Arlen Specter, the price of passing a reform bill without a public option could be quite costly. It could well lose him the 2010 election. A new national poll shows that one third of Democrats are less likely to vote in 2010 if the public option dies. In a close election, those lost Democratic votes will likely guarantee that we see significant Republican gains across the country, as Democratic voters, disgusted with their government’s inability to enact the popular will, sit at home on Election Day in protest.
Of course Democrats are demoralized by the inability of their government, with its comfortable majorities in both chambers of Congress, to pass this essential progressive reform. So, what can progressives in the Senate do to change course? And is there anything Arlen Specter could, or should do, to help those efforts along?
One option is to try reconciliation. This is an obscure parliamentary procedure that allows the Senate to bypass the filibuster and give a regular up or down vote on any legislation that directly affects the federal budget. In my interview with Senator Specter last month, he said that at some point, Democrats may need to “fight fire with fire” by pursuing reconciliation, emphasizing that this would only happen as a “last, last, last resort.”
Well, it appears Lieberman is playing with fire; is Arlen ready to fight back? Is it time for the last resort to save the public option?
It is not entirely clear that reconciliation would necessarily be the right way to go, even if it could save the public option. As Ezra Klein lucidly explained, important aspects of the bill that would regulate the private insurance market, such as the ban on discrimination based on preexisting conditions, the individual mandate, the health care exchanges, and other measures would be lost. Klein argues that, considering the importance of these regulatory reforms to the insurance market, “You lose too much in reconciliation, and gain too little. The exchanges are too important, and so too are the insurance regulations and delivery-system reforms.”
So reconciliation seems like a bust, unless there is some sneaky way to pass the public option after the watered down version of the reform bill currently on the table has passed. I haven’t seen much talk about this as a tactic, so I am not even sure if its possible, but it seems like one way that Democrats could work in the public option once they’ve passed the majority of the reform package by the end of this year.
Option number two—one I am personally quite in favor of—is eliminating the filibuster entirely. Senator Harkin has suggested that he may introduce legislation to do just that, and (surprise surprise), Senator Lieberman was actually a strong proponent of eliminating the filibuster in 1994. He called it “unfair” and an “obstacle to accomplishment.” I’d be the last person to accuse Lieberman of having any integrity, yet his arguments are still on point. The filibuster is an antiquated and undemocratic procedural tool that has transformed the Senate into a place where good legislation goes to die. I think Arlen Specter would win a lot of sympathy and support from progressives around the country and in Pennsylvania if he fought to be rid of it.
One thing’s for certain; without a public option, Specter, and Democrats all over the state, are going to have a much harder time winning their elections in 2010. They should think long and hard about how to remedy this before its too late.
December 15, 2009 at 2:12 pm
Tags: Arlen Specter













David Diano
Dec 15th, 2009
It’s Hanukkah.
Specter should beat Lieberman over the head with a Menorah.
Unfortunately, the filibuster is one of the few means a minority has to protect itself from the tyranny of a majority. If the Republicans get in charge again, we are going to need it. I could see modifying it to apply to only certain types of legislation.
Dan the other possibility, to prevent a filibuster is to break the bill up into a few pieces. Put the regulation in IMMEDIATELY as it’s own bill and block the taxpayer cost arguments. The craft the other aspects separately.
Adam Schwartzbaum
Dec 15th, 2009
I’d be happily willing to dispense with the filibuster and suffer the consequences of losing its power when Democrats become a minority. That’s called Democracy. Its hard enough to find 51 votes in a bought and paid for Senate for meaningful legislation, let alone 60. The filibuster is not in the spirit of the Constitution. We’re better off without it.
STEELBLITZ1
Dec 15th, 2009
Specter seems to be coming around. Interestingly i read that specter said single payer should be discussed and sestak doesnt. I like single payer. I think its quite clear Specter is for public option.
Lee Levan
Dec 15th, 2009
Adam
The problem with your argument (that you’d be willing to accept the consequences of Republicans gaining majority control of the Senate after the filibuster is eliminated) is this. Unlike Democrats, the Republicans usually march in lockstep and vote as a cohesive partisan block — much more so than do the Dems. Thus it would be far more difficult to stop their legislative agenda, or to prevent them from undoing what the Dems had already done.
flynnbw
Dec 15th, 2009
I don’t think that this necessarily dooms Democrats generally — there are a good number of House members who fought hard for a public option in their chamber’s version of the bill. Even Blue Dogs like Reps. Carney and Dahlkemper supported the public option in the House’s version.
Yes, I know that the “well, OUR version had it in there” argument is weak broth, but there is a case to be made by House members that they did everything they possibly could to keep the public option.
Anyway, the 2010 election ultimately comes down to how strong the economy is by then.
Lee Levan
Dec 15th, 2009
flynnbw
I agree that it’s rather early to begin writing an epitaph for the congressional Dems. Way too much time for things to happen which will affect the 2010 general election. The economy, especially jobs, is going to be a large factor. People tend to jump to conclusions well before most of the evidence is in.
On the other hand, the diluted version of healthcare insurance reform which it looks as if the congress will pass (if the progressives don’t follow Howard Dean abd mutiny) is going to lessen the enthusiasm of the base. Added to the diminished enthusiasm for Pres. O. due to his overly moderate record, there are reasons for concern. Look at the results of the judicial elections in 2009 in PA which resulted from a weak Democratic turnout — and put a very partisan Republican on the the state supreme court, also giving the Rs the majority on the court for the pending reapportionment process.
DaveB
Dec 16th, 2009
Eliminate the filibuster? Even the Democrats won’t be that hypocritical (in public, anyway). Do I need to remind you of the unprecedented filibusters blocking the Bush judicial nominees?
Can’t wait for Specter and Sestak to get in a fight over who wants ‘Single Payer’ more – Pat Toomey could campaign from the golf course and win in a landslide.
David Diano
Dec 16th, 2009
DaveB-
“Do I need to remind you of the unprecedented filibusters blocking the Bush judicial nominees?
”
“Unprecedented”, except for the blocking of more Clinton’s nominee. The GOP starting the “precedent” as far back as 1968.
“In fact, while Democratic senators used the filibuster to block 10 of Bush’s 229 first-term judicial nominees, it was Republicans who first initiated a filibuster against a judicial nominee in 1968, forcing Democratic president Lyndon Johnson to withdraw the nomination of Associate Supreme Court Justice Abe Fortas to be chief justice. Moreover, the Republican-controlled Senate prevented approximately 60 of former president Bill Clinton’s nominees from receiving a vote on the Senate floor, and in many cases, even a hearing in the Senate Judiciary Committee. And despite Democrats’ opposition to a few of Bush’s nominees, The Washington Post pointed out in a December 13, 2003, article that ‘confirmation of Bush nominees exceeds in most cases the first-term experience of presidents dating to Ronald Reagan.’ ”
Sestak wants single payer about as much as Toomey. Sestak’s been against single-payer since the day he announced back in 2006 (specifically highlighting it as a difference with the doctor who step aside as a candidate). Specter is merely open to it as an option deserving a hearing. The point for Specter is that he’s solidly behind the public option.
What’s Toomey’s plan? Oh, right, the GOP doesn’t have one.
flynnbw
Dec 16th, 2009
Let’s see what the final health care package is before totally naysaying it — if it dramatically expands coverage while “bending the cost curve” in the long run, it should rightly be considered a significant accomplishment.
I favor the public option as a good tool to bring down costs, but I’m not sure exactly why liberals are SO tied to the public option in and of itself. If the Senate passes the part of the compromise (sans Medicare buy-in) wherein nationwide non-profit corporations are created that are able to use the power of OPM to negotiate on behalf of customers, that could be a great way to have a non-governmental alternative that has the same effect as the public plan.
Kevin
Dec 16th, 2009
Specter was so confident in August and more recently he could help get the votes for real health care reform. I’m still waiting for that.
Also, looks like Labor is about to have a field day with the Senate bill.