Regardless of the outcome of the Democratic health reform push, one point is obvious: at every turn, they lost the messaging battle to Republicans and the Tea Party. The latest reminder came this morning, as the umpteenth story on budget reconciliation came on the radio. These days, to talk about health care reform is to talk about process — exactly where the GOP wants the conversation to be.
Over the last few weeks, a new narrative has taken hold in health care news: that of a partisan Democratic Party determined to “ram” a bill through Congress. It’s a frame that the GOP has been relentless and disciplined in perpetuating. Some have even taken to calling it the “nuclear option,” which in its previous political incarnation was the name Trent Lott gave the Republican effort in 2005 to change filibuster rules for judicial nominations.
The “nuclear option” as shorthand for budget reconciliation is not only a misnomer, it’s flat-out misleading. Hardly unprecedented, budget reconciliation has been used 22 times since the process was established in 1974. As Jackie Calmes wrote in the New York Times last week, 16 of those times, it was the Republican Party that used it to “ram legislation through on a one-party vote” (at least that’s how House GOP Leader John Boehner describes its use today).
Moreover, reconciliation has been used several times to pass health care legislation. NPR’s Julie Rovner, who has done superb work on the health care story, pointed out that health care provisions ranging from COBRA (it even says so in the name — COBRA stands for Consolidated Omnibus Budget Reconciliation Act) to the Children’s Health Insurance Program (CHIP) to changes in Medicare and Medicaid have come via reconciliation.
But efforts by reporters like Rovner notwithstanding, the Democrats have already lost this battle as the media have taken the GOP’s cue and fixated on process. The unwarranted magnification of reconciliation is not unlike the media frenzy over Sen. Ben Nelson’s “Cornhusker Kickback,” a bit of horse-trading that was hardly unusual in writing bills, but somehow became the equivalent of a legislative high crime by the time the GOP and the media were done with it.
More than any other piece of legislation in recent memory, health care reform has been debated, negotiated, and written under the unforgiving attention of the 24-hour cycle. This is as close a view as the American public has had to the sausage-making in Washington. They don’t like what they see. Republicans are well aware of this, and continue to point the spotlight on the frequently ugly process.
And so we are now at the current pass. One party has made unprecedented use of the filibuster to prevent anything from being done. The other party is now thinking of using a procedural tactic used nearly two dozen times since 1980, including to pass health care legislation, to break the impasse. While there certainly has been more attention on the abuse of the filibuster of late, that the use of reconciliation is even a story is a problem for Democrats. That Democrats are playing defense on a matter of process speaks volumes about their PR ineptitude, the Republicans’ messaging cohesion, and the media’s ongoing failure to go beyond stenography.