Last week's health care summit
likely decided the fate of
Comprehensive Immigration
Reform (CIR) for this year. It
is still too soon to tell what
is going to happen, but the
decisions made following that
conference will determine
whether CIR is brought up for a
vote.
Under one
possibility, if the Republicans
are willing to negotiate in
good faith on a compromise
health care bill, then there
will be an opening that will
allow time for consideration of
CIR while everyone is
negotiating.
Under a
second possibility, the
Democrats decide to try to pass
the health care bill through a
process known as
"reconciliation." This only
requires a simple majority
vote. If this happens, health
care could be off the table
very quickly. This, too, could
leave sufficient time for
consideration of CIR.
A
third possibility is that the
Democrats try to pass health
care through reconciliation and
fail. This would be the end of
the health care bill for this
session of Congress and likely
would leave enough time for
CIR.
Finally, a fourth
possibility is that the
Democrats successfully pass the
health care bill through
reconciliation, but the
Republicans retaliate by
shutting down the business of
the Senate for the rest of the
session, or at least a good
part of it (as they have
threatened to do).
Of
these possibilities, the first
is the least likely. It is
highly likely that the
Democrats are going to try to
pass the health care bill
through the reconciliation
process. What the Republicans
will do in response is anyone's
guess.
The Senate runs
on the concept of unanimous
consent. Senate rules require
that legislation be read in
full before being voted upon.
Almost always, this rule is
waived "by unanimous consent"
of all members. If even one
member objects, then the entire
text of the legislation must be
read. The health care bill is
about 2,700 pages long.
Back in December, when the
Democrats overcame a Republican
filibuster and proceeded to
pass the Senate version of the
health care bill, Republican
refusal to give unanimous
consent added about two and a
half weeks to the time needed
to pass the bill.
The
Republicans are threatening to
do this to all legislation if
the Democrats pass health care
through reconciliation. This is
a very dangerous game to play.
Back in 1995, Bill Clinton was
a very unpopular President. The
Republicans in Congress were
riding a wave of popularity.
The two sides got into a
dispute over the budget and the
government was shut down for a
few days due to lack of
funding. In the end, the
Republicans were blamed and
Clinton's popularity rose
considerably. The Republicans
lost seats in the 1996
election.
The
Republicans have to be careful
about shutting down the Senate.
If they do this in a way that
appears irresponsible to the
voters, they will suffer in
November. For this reason, we
believe that the threat is not
that serious. This does not
mean that they won't extract a
penalty from the Democrats in
other ways, however.
As
for the possibility of
bipartisanship on CIR, a
moderate Republican, Senator
Lamar Alexander, had the
following to say during the
health care summit:
"When I go down on the floor,
and I've been there a lot on
this issue, some of my
Democratic friends will say,
"Well, Lamar, where's the
Republican comprehensive bill?"
And I say back, "Well, if
you're waiting for Mitch
McConnell to roll in a
wheelbarrow in here with a
2,700-page Republican
comprehensive bill, it's not
going to happen," because we've
come to the conclusion that we
don't do comprehensive well.
We've watched
the comprehensive economy-wide
cap in trade. We've watched the
comprehensive immigration bill.
We had the best senators we've
got working on that in a
bipartisan way. We've watched
the comprehensive health care
bill. And they fall of their
own weight."
This comment seems to
suggest that, at least for
Senator Alexander, a
comprehensive immigration bill
is not the way to go and that
separate bills dealing with
individual subjects would be
better. The problem with that
approach is that on the House
side, the Democrat's
Congressional Hispanic Caucus
refuses to allow a vote on any
immigration bill that is not a
comprehensive approach with an
amnesty component.
Time will tell whether the
Democrats have the will and the
muscle to try to introduce and
pass a Comprehensive
Immigration Reform bill this
session.