Last week Republican Rep. Mike Pence posted on his Facebook site that famous Schoolhouse Rock video titled “How a Bill Becomes a Law.” It’s clearly time for a remake.
Never before has the average American been treated to such a live-action view of the sordid politics necessary to push a deeply flawed bill to completion. It was dirty deals, open threats, broken promises and disregard for democracy that pulled ObamaCare to this point, and yesterday the same machinations pushed it across the finish line.
You could see it all coming a week ago, when New York Rep. Louise Slaughter let leak a breathtaking strategy whereby the House would not actually vote on the unpopular Senate bill. The House would instead vote on a “reconciliation” fix to that bill, and in the process “deem” the underlying legislation—with its Cornhusker kickbacks and Louisiana purchases—passed.
The Slaughter Solution was both blunt admission and warning. House Speaker Nancy Pelosi did not have 216 votes to pass the Senate bill, there never was going to be majority “support” for it, but they’d pass it anyway. The final days were a simple death watch, to see how the votes would be bought, bribed or bullied, and how many congressional rules gamed, to get the win.
President Obama flew to Pennsylvania (home to five wavering House Democrats), Missouri (three wavering), Ohio (eight), and Virginia (four) to hold rallies with small, supportive crowds. In four days, Mr. Obama held 64 meetings or calls with congressmen. The goal was to let undecideds know that the president had them in his crosshairs, that he still had pull with the base, and he’d use it against them. By Saturday the tactic had yielded yes votes from at least half the previously undecided members of those states.
As for those who needed more persuasion: California Rep. Jim Costa bragged publicly that during his meeting in the Oval Office, he’d demanded the administration increase water to his Central Valley district. On Tuesday, Interior pushed up its announcement, giving the Central Valley farmers 25% of water supplies, rather than the expected 5% allocation. Mr. Costa, who denies there was a quid pro quo, on Saturday said he’d flip to a yes.
Florida Rep. Suzanne Kosmas (whose district is home to the Kennedy Space Center) admitted that in her own Thursday meeting with the president, she’d brought up the need for more NASA funding. On Friday she flipped to a yes. So watch the NASA budget.
Democrats inserted a new provision providing $100 million in extra Medicaid money for Tennessee. Retiring Tennessee Rep. Bart Gordon flipped to a yes vote on Thursday.
Outside heavies were enlisted to warn potential no votes that unions and other Democrats would run them out of Congress. Al Lawson, a Tallahassee liberal challenging Blue Dog Florida Rep. Allen Boyd in a primary, made Mr. Boyd’s previous no vote the centerpiece of his criticism. The SEIU threatened to yank financial support for New York’s Michael McMahon. The liberal Working Families Party said it would deny him a ballot line. Obama deputy campaign manager Steve Hildebrand vowed to challenge South Dakota Rep. Stephanie Herseth Sandlin if she voted no. New York’s Scott Murphy was targeted as a part of a $1.3 million union-financed ad campaign to pressure him to flip. Moveon.Org spent another $36,000 on ads in his district and promised a primary. Messrs. Boyd and Murphy caved on Friday.
All the while Mrs. Pelosi was desperately working to provide cover with a Congressional Budget Office score that would claim the bill “saved” money. To do it, Democrats threw in a further $66 billion in Medicare cuts and another $50 billion in taxes. Huzzah! In the day following the CBO score, about a half-dozen Democrats who had spent the past months complaining the bill already had too many taxes and Medicare cuts now said they were voting to reduce the deficit.
Even with all this, by Friday Mrs. Pelosi was dealing with a new problem: The rule changes and deals winning her votes were losing her votes, too. The public backlash against “deem and pass” gave several wary Democrats—such as Massachusetts’s Stephen Lynch and California’s Dennis Cardoza—a new excuse to vote no.
Mrs. Pelosi jettisoned deem and pass. Once-solid Democrat yes votes wanted their own concessions. Oregon’s Pete DeFazio threatened to lead a revolt unless changes were made to Medicare payments to benefit his state. On Saturday Mrs. Pelosi cut a deal to give 17 states additional Medicare money.
By the weekend, all the pressure and threats and bribes had left the speaker three to five votes short. Her remaining roadblock was those pro-life members who’d boxed themselves in on abortion, saying they would vote against the Senate bill unless it barred public funding of abortion. Mrs. Pelosi’s first instinct was to go around this bloc, getting the votes elsewhere. She couldn’t.
Into Saturday night, Michigan’s Bart Stupak and Mrs. Pelosi wrangled over options. The stalemate? Any change that gave Mr. Stupak what he wanted in law would lose votes from pro-choice members. The solution? Remove it from Congress altogether, having the president instead sign a meaningless executive order affirming that no public money should go to pay for abortions.
The order won’t change the Senate legal language—as pro-choice Democrats publicly crowed within minutes of the Stupak deal. Executive orders can be changed or eliminated on a whim. Pro-life groups condemned the order as the vote-getting ruse it was. Nevertheless, Mr. Stupak and several of his colleagues voted yes, paving the way to Mrs. Pelosi’s final vote tally of 219.
Even in these waning minutes, Senate Democrats were playing their own games. Republicans announced they had found language in the House reconciliation bill that could doom this entire “fix” in the Senate. Since many House Democrats only agreed to vote for the Senate bill on promises that the sidecar reconciliation would pass, this was potentially a last-minute killer.
Senate Democrats handled it by deliberately refusing to meet with Republicans and the Senate parliamentarian to get a ruling, lest it be unfavorable and lose House votes. The dodge was a clear dereliction of duty, but Democrats figure the Senate parliamentarian won’t dare derail this process after ObamaCare passes. They are probably right.
So there you have it, folks: “How a Bill Becomes a Law,” at least in Obama-Pelosi land. Perhaps the most remarkable Democratic accomplishment this week was to make the process of passing ObamaCare as politically toxic as the bill itself.
President Obama was elected by millions of Americans attracted to his promise to change Washington politics. These were voters furious with earmarks, insider deals and a lack of transparency. They were the many Americans who, even before this week, held Congress in historic low esteem. They’ll remember this spectacle come November.
by Kimberly Strassel
The Wall Street Journal
Monday, 22 March 10
Ms. Strassel writes the Journal’s weekly Potomac Watch column from Washington.