From the Washington Examiner

From Gary Bauer’s End of Day Report

There’s an old saying that if you’re arguing process, you’ve lost the debate. In this age of Twitter and 30-second sound bites, it is generally true, and I try not to delve too deeply into the weeds of process and procedure in this daily report. But you need to know what’s going on in Congress right now.

Last week President Obama insisted that healthcare reform was so important that it deserved an up or down vote by any means necessary. Obama demanded Democrats get it done before the end of March, before members of Congress have to face their constituents back home. He also ordered Democrats to go “nuclear” by resorting to complicated and controversial budget reconciliation rules, which he and other Democrats once vehemently opposed.

For days, Nancy Pelosi and Harry Reid have struggled to figure how they can “reform” 20% of our economy under strict rules only intended to guarantee the passage of a budget. Reconciliation rules require that the House pass the Senate’s healthcare bill first, then pass a “bill of fixes” or a separate reconciliation bill, which then has to be approved by the Senate.

The problem for House Democrats is that the Senate bill includes several provisions considered onerous to many House members for a variety of reasons – from abortion funding to immigration issues, kickbacks and tax hikes. Many House Democrats do not want to vote for the Senate bill, which is reportedly “dead on arrival.” But Speaker Pelosi and other House leaders thought they had a way around it.

Speaker Nancy Pelosi reportedly cancelled all House committee hearings today so she could corral members of her caucus and present details of their “end game.” One plan under consideration would invoke another parliamentary maneuver referred to as the “Slaughter rule,” after Rep. Louise Slaughter (D-NY), chairwoman of the House Rules Committee. The Slaughter rule allows the House to vote on only the reconciliation “bill of fixes,” and in doing so consider the Senate bill as passed by the House without an actual up or down vote on the Senate’s bill.

I realize this is a lot of “inside baseball,” but it is important. Nothing could more clearly demonstrate the consequences of elections and why it is so critical that we take back Congress in 236 days. The fact that Democrats are going through such contortions to pass a bill the public opposes is an insult to the central principle of our republic: The Consent of the Governed.

The author of the reconciliation process, Sen. Robert Bryd (D-WV,) understood this. Here’s a stirring video of Byrd explaining why he refused to allow Bill Clinton to pass HillaryCare through reconciliation. All those arguments are valid today. The difference is that there’s a new gang in town, and it plays by whatever rules it must in order to win.

But there is good news breaking now! According to Roll Call, “The Senate parliamentarian has ruled that President Barack Obama must sign Congress’ original health care reform bill before the Senate can act on a companion reconciliation package.” In other words, the House must pass the Senate bill, with all its objectionable provisions, before the reconciliation bill can proceed. This is a major blow to ObamaCare because, as I noted, there is little support for the Senate bill in the House today. Stay tuned!