Erick Erickson nails it
The healthcare bill violates § 425(a)(2) of the Budget Act, which prohibits consideration of any legislation that contains an unfunded intergovernmental mandate in excess of $69 million per year. If the point of order is raised and sustained, a simple majority may vote to waive the point of order. But the waiver is debatable and thus would presumably require 60 votes to cloture the motion to waive. This would require them to produce 60 votes at a time when they do not have their deal wrapped up yet, once again burning up three days.
On every vote, including on constantly raised points of order, the Republicans should be objecting that the vote total is incomplete – the Democratic Chair will rule that it is complete and the Republicans then appeal and once again force a vote, delaying the process again and again.
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Monday, December 14, 2009
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