http://www.nytimes.com/2009/08/24/health/policy/24healt... Senate Democrats said Sunday that they were fleshing out plans to pass health legislation, particularly the option of a new government-run insurance program, with a simple majority, instead of the 60 votes that would ordinarily be needed to overcome a filibuster.
After consulting experts in Senate rules and procedure, the Democrats said they were increasingly confident that they could legislate creation of a public plan in a way that would withstand challenges expected from Republicans.
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In the last week, Democrats have begun to talk openly of using a procedure known as budget reconciliation to pass a health bill in the Senate with a simple majority, assuming no Republican support. To do that, under Senate rules, they would probably need to show that the public plan changed federal spending or revenues and that the effects were not “merely incidental” to the changes in health policy.
Democrats believe they could clear this hurdle by demonstrating that the public plan would save money or cost money.
“If a public plan is shown to have a cost to the government that affects outlays or revenues, it could be included in a health care bill using reconciliation procedures,” said Martin P. Paone, a former Senate aide who has been consulted by Senate Democrats.
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I think such a public option (similar to Chuck Schumer's "Level Playing Field" public option) could probably get 50 votes. I'm worried about the Blue Dogs in the House though, who often negotiate and vote as somewhat of a block.