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Democrats may want to keep House Whip Rep. James Clyburn away from the media, because he doesn't engender much confidence in the path forward on health care. As leadership is still trying to create an air of inevitability around the passage of a health bill this week (though we still haven't seen the final changes), Clyburn concedes in an interview with Fox News that they don't have 216 votes yet. And then he struggles to defend the "deem and pass" strategy, or "Slaughter Solution," to enact the Senate bill without actually voting on it.

Here's a transcript of the exhcange on "deem and pass."

Clyburn: There's been a vote in the Senate. They got 60 votes for this.  What we will be deeming is that those 60 votes that the people got, we will say on the House side, we deem that as having been passed. So they got the 60 votes. We got 220 votes for our bill in the House. The only thing we're voting on now are the things we call the fixes, the reconciliation. And so that's the part that we'll be voting on, what we'll be deeming already got 60 votes.

Scott: You don't think that's political sleight of hand, smoke and mirrors?

Whip Clyburn: Well, you may want to call it sleight of hand, but the fact of the matter is, just because you label it that doesn't mean we didn't have it before. We've done that, as I said, more than 100 times since I’ve been here, so this is nothing unusual. There's no trickery here at all. It's just that you do this process in order to facilitate the effort.

Scott: Pardon my skepticism, but you're talking about a trillion dollar bill you're talking about rearranging maybe a sixth of the American economy, it would seem to be unusual to enact this into law without a vote in the House of Representatives.

Whip Clyburn: Well, let's get away from the trillion dollar bill. Remember, we're still talking about the bill that was passed by the Senate. And last time I checked the score on the senate bill was, like, $850 billion. We did a trillion dollars on the house side, and that's not what we voted on. We will deem passed the senate bill which was much less than that.

Clyburn's argument is absurd on several levels. For one thing, yes, a health care bill passed the Senate with 60 votes, and a health care bill passed the House with 220 votes. But they're two different bills, and the same exact bill has to pass both chambers to be signed into law. Also, the cost of the Senate bill, including accounting gimmicks, was actually $875 billion -- once the reconciliation changes are added, that price will go higher. But regardless, does Clyburn seriously believe that it's a winning political argument to say, well, we passed a bill without voting on it, but the bill we voted on wasn't a $1 trillion bill, it was only "like $850 billion."   

Video of the full interview below.

View all comments (14) | Leave a comment

Pingback| 3.16.10 @ 3:19PM

Undead Zombie Health Care Update : The Other McCain links to this page. Here’s an excerpt:

…else shut up." — Arthur Koestler Undead Zombie Health Care Update Posted on | March 16, 2010 | No Comments We keep killing it and killing it, yet it keeps stumbling forward. Philip Klein of the American Spectator says, “Democrats may want to keep House Whip Rep. James Clyburn away from the media, because he doesn’t engender much confidence in the path forward on health care.”…

JP| 3.16.10 @ 3:51PM

What a mess. Most Americans who had any high school civics classes are perfectly aware that the House and Senate come up with 2 seperate bills, and in normal circumstances the 2 bills are reconciled in conference committee. It is the avoidance of the conference committe and a GOP filibuster that got the Dems in trouble in the first place. That is why they opted for thier first ruse -reconcilliation. Now that it is clear that there are not enough House votes to begin the process, the Dems are digging themselves deeper into a hole that they will never get out of.

Only one bill can be presented to the President. And that bill must pass with roll call votes in both Houses. What the Dems may do instead is to "deem" the House version passed. That is, they will present to the President the Senate Version with its 60 vote passage, and a 216 vote "deemed" passage from the House. If this is in fact what they will attempt, then the President would be signing an invalid document. That is, the states are under no obligation to obey ObamaCare (ie a constitutional crisis would be created).

However, if instead of taking the "deemed" passage of the House Bill to the President, the Senate instead makes the necessary changes in thier chambers, passes those changes, and sends it back to the House for passage, everything is fine. That is reconcilliation, and only needs 51 votes. The problem with that scenario would be an almost endless series of stalling procedures the Senate GOP would enact. Reconcilliation could go on past November.

The Slaughter Solution, if enacted in the way most people fear, would lead to crisis this nation hasn't seen since the Civil War. From what I understand, some states are already in the process of enacting laws that would nullify ObamaCare.

Larry| 3.16.10 @ 5:42PM

This is, effectively, a bloodless coup d'etat in my view. It is the most outrageous sleight-of-hand legislative trick I have ever witnessed, and most unconstitutional. Philip, you need to find out and write more about Hoyer's argument that the GOP has done this "self-enacting rule" before. What is this about? I don't remember anything like this happening before. Especially not in controversial legislation. Two wrongs don't make a right, though, under any circumstances.

wodiej| 3.17.10 @ 8:50AM

I hardly think Clyburn is someone of any relevance seeing as how his wife just got convicted and is going to prison for bribes or something. In addition, his justification for using this tactic is baseless. Another stuid liberal.

Pingback| 3.17.10 @ 3:31PM

OTH abrahamsdna | DailyGenetic.info links to this page. Here’s an excerpt:

Pomerance reports on Author Jon Entine’s Book “Abraham’s DNA: Race, Identity and the DNA of the Chosen People.” Related posts on Arthur Koestler The American Spectator : AmSpecBlog : Clyburn Says Dems Don't Have … The American Spectator : AmSpecBlog : Budget Committee Votes Down … The American Spectator : AmSpecBlog : Budget Committee Rubber … Related posts on Brad…

office 2007| 3.26.10 @ 9:44PM

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Pingback| 4.5.10 @ 4:07AM

Deeming Whether To Pass | Go HealthReform links to this page. Here’s an excerpt:

…leadership sent members a memo obtained by TPMDC warning that procedural tactics are “inside baseball” and defending against them won’t help them politically”. The American Spectator’s Philip Klein critiques comments from House Majority Whip James Clyburn on the “Slaughter Solution”: “For one thing, yes, a health care bill passed the Senate with 60 votes,…

Pingback| 4.7.10 @ 8:35PM

Deeming Whether To Pass | Kaiser Permanente Health Insurance Plan Finder links to this page. Here’s an excerpt:

…leadership sent members a memo obtained by TPMDC warning that procedural tactics are “inside baseball” and defending against them won’t help them politically”. The American Spectator’s Philip Klein critiques comments from House Majority Whip James Clyburn on the “Slaughter Solution”: “For one thing, yes, a health care bill passed the Senate with 60 votes,…

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More Blog Posts by Philip Klein

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