
Today's "Daily Beast" (see http://www.thedailybeast.com/cheat-sheet/?cid=hp:cheatsheet1#cheatrow_9672) outlines the dilemma for President Obama and the fate of the so-called "public option" in the debate over health care reform. It also provides a great classroom example of the politics of the legislative process.
Here is the Obama dilemma: The public option is not likely to make it through the Senate without a filibuster. So the Senate version will have no public option. The House version of the bill can be passed with the public option.
So assume the House passes the bill with the public option and Senate does not. Debate in the Senate is over because the bill is passed, and thus there will be no more opportunity for a filibuster. Rather, the legislative process at this point simply requires a conference committee to reconcile the House and Senate versions, and then another vote in both the House and Senate. The reconciliation bill can either include or exclude the public option. A simple majority vote in the Senate could then pass the bill.
So it seems that the real debate in the health care debate is likely to boil down to a highly partisan law with the public option vs. a modestly bi-partisan law without the public option. The political implications of a highly partisan law can be used by Republicans to make significant gains in the 2010 midterm elections.
The long, complex debate over health care appears to be narrowing to this dilemma for Obama and the Democrats; and it seems that they can steer the legislative process in either direction -- a good case study in dancing legislation!





