Reply #40

Democrats did not have a fillibuster-proof majority for two years -- that's a myth.

January 20, 2009 - After suffering a seizure during Barack Obama's inaugural luncheon, Senator Kennedy’s health forced him to retreat to Massachusetts.

April 28, 2009 news outlets issued the following report: Republican Sen. Arlen Specter has switched parties, which would give Democrats a filibuster-proof 60 seats.

Despite the fact that the media hailed the party switch of Arlen Specter and claimed it gave Democrats a filibuster-proof Senate, the Minnesota seat still remained vacant. The Senate had 57 Democratic members and 2 Independents. Technically, the Senate was two members short, but I'm counting Senator Kennedy even though he was at home ill because he did cast a vote in June. 59

May 15, 2009 Senator Robert Byrd was admitted to the hospital reducing the number of sitting Senators to 56 Democratic members and 2 Independents. 58

July 7, 2009 Al Franken (D) was sworn in after the election dispute over the Minnesota seat was decided in his favor. Senator Kennedy continued to recuperate at his home in Massachusetts and was unable to cast any more votes; Senator Byrd was still in the hospital. The Senate had 56 sitting Democratic members and 2 Independents. 58

July 21, 2009 Senator Byrd returned to the Senate making the count 59 seats. No Senator Kennedy.

Senator Kennedy died August 25, 2009.

The Kennedy seat was vacant from August 25 - September 24 when Paul G. Kirk was appointed to occupy his seat until the completion of a special election. The swearing-in of Kirk gave the Democrats a 60-seat majority.

Democrats had a 60 seat majority from September 24, 2009 thru February 4, 2010 when Republican Scott Brown got the Kirk/Kennedy seat. Again it's 59 (That makes 4 months, not 2 years!!)

This does not account for the number of days Congress was not even in session during that time. If one subtracts the number of days Congress was out, the time that President Obama had a Democratic majority in Congress is further reduced by more than 30 days, or another full month.

Of a possible 94 legislative days during that period, the Senate was only in session for 67 days, while the House only labored for 54.