Health-Care Bill May Be Stalled by Legislative Crunch
Wednesday, November 25, 2009 ● James Rowley and Brian Faler

Raising the U.S. government’s $12.2 trillion borrowing limit tops an agenda of must-pass legislation that imperils Senate Democrats’ ability to pass a health-care bill this year.

As the senators struggle to meet President Barack Obama’s year-end deadline to overhaul the health system, they must also act to keep the government running and prevent a 21 percent drop in payments to doctors who treat Medicare patients.

They need to approve measures to avert a Dec. 31 expiration of the estate tax, extend jobless benefits and renew key provisions of the anti-terrorism USA Patriot Act.

“Given the practical considerations of the calendar, they will run out of time” this year, said Washington lobbyist Jack Howard, who was an aide to former Senate Republican Leader Trent Lott.

Pushing the measure into 2010 may create problems for Democrats because Republicans would have more opportunity to make the overhaul an issue in the congressional election year.

Before leaving Washington for a week-long Thanksgiving holiday recess, the Senate held a weekend session and voted 60- 39 on Nov. 21 to begin formal debate on the $848 billion health- care measure. The bill would extend insurance coverage to some 30 million Americans and create a government-run plan to compete with such private insurers as Indianapolis-based WellPoint Inc. and Philadelphia-based Cigna Corp.

‘Now Till Christmas’

Republican Leader Mitch McConnell said it “would take probably from now till Christmas” to deal with all the issues facing Congress.

“Instead, we’re spending time trying” to meet “a manufactured deadline” for passing health-care legislation, McConnell said.

Senate Democratic Leader Harry Reid is determined to complete health care as soon as possible, said his spokesman, Jim Manley.

“We need to plunge ahead on health care while preparing to deal with these other things later on in December,” said Manley.

Senate Democratic leaders warned in a Nov. 23 e-mail to lawmakers that “votes could occur at any time during the day and evening, with weekend sessions likely” in December.

Power to Delay

Unlike the House of Representatives, the Senate gives the minority party broad powers to delay proceedings.

Dick Durbin of Illinois, the No. 2 Senate Democrat, told reporters on Nov. 20 that “delaying tactics by the Republicans” this year have repeatedly made it hard to pass legislation quickly. He cited a one-month holdup on an earlier jobless-benefits measure before the Senate approved it 98-0.

Republican stalling or the press of other business won’t stop Senate passage of the health-care measure this year, “but it could jeopardize Christmas,” he said. “We’ve got to get this done before we leave.”

The debt-limit extension faces a long debate as 11 Democrats want to create a commission to rein in federal spending.

“I am not going to vote to extend the debt limit unless we have such a mechanism” to “deal with long-term debt,” North Dakota Democrat Kent Conrad said in a Nov. 20 interview.

Republicans will use the debate to discuss ways “to control out-year spending,” said New Hampshire Senator Judd Gregg. His party will propose curtailing the $787 billion economic-stimulus plan. “You got to do something about spending to keep the debt ceiling from having to be constantly increased,” Gregg told reporters on Nov. 19.

Keeping Unified

Without any Republican support on health care, Reid, a Nevada Democrat, must keep all 60 members of his caucus - 58 Democrats and two independents - unified to shut off debate and pass the legislation.

Three Democrats - Ben Nelson of Nebraska, Mary Landrieu of Louisiana and Blanche Lincoln of Arkansas - along with independent Joe Lieberman of Connecticut oppose the creation of a government-run insurance plan. Reid must also forge a consensus on language preventing the use of government funds to subsidize the purchase of insurance that covers abortions.

McConnell, a Kentucky Republican, has served notice that his party will seek “lots of amendments.”

Republican Leverage

Getting to a final vote will take time even if Democrats stick together. Reid will have to wait two days each time he moves to cut off debate. Even if those motions pass, Senate rules allow up to 30 additional hours of debate.

In 2001, senators spent 20 days debating then-President George W. Bush’s “No Child Left Behind” education bill and cast 44 recorded votes, according to the Senate library. Following the Sept. 11 terrorist attacks, lawmakers spent another 23 days debating legislation to create the Department of Homeland Security. A 2002 energy bill was put to 36 votes during the 25 days it was under consideration.

This year’s long list of obligatory legislation gives Republicans parliamentary leverage over health care, said Conrad, the chairman of the budget committee.

“You just have to deal with it, but it makes getting it done in three weeks extraordinarily challenging,” he said. 

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