Senate Democrats on Thursday night accused Republicans of conspiring to quickly get the Senate to pass a “skinny” Obamacare repeal bill and then turn around and quickly pass that same bill in the House Friday under “martial law.”
That seemed unlikely as of Thursday night, as Speaker Paul Ryan indicated he would be willing to enter into a conference with the Senate in order to negotiate a more favorable healthcare reform bill. That process could take weeks and would likely require talks past the August recess.
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But Democrats were correct that Republicans were setting up a system of rules starting Friday that Democrats like to call “martial law.” However, Republicans have been quick to dismiss that sinister name and explain that it’s just a way to more quickly take up legislation.
Here’s how “martial law” works.
Under normal House rules, legislation goes through the Rules Committee, where a rule is set up to consider the legislation. Most importantly, those rules usually set out how long a bill is debated on the floor and which amendments will be considered.
When the Rules Committee approves a rule, that rule can’t be considered on the House floor until the next day. Usually on that next day, the House passes the rule and then moves immediately to debating and voting on the underlying legislation.
But “martial law” speeds the process up and allows the Rules Committee to approve a rule and then immediately consider that rule and the underlying bill on the House floor on the same day.
The majority usually hates the term “martial law” and gives the rule change a much less sinister name: same-day authority.
On Thursday, the Rules Committee did set up same-day authority in a rule for considering a bill authorizing U.S. intelligence programs. That rule, which should pass tomorrow, says any rule passed by the committee through Aug. 1 can come up to the House floor on the same day.
Democrats charged that this same-day authority would be used to quickly pass whatever healthcare bill the Senate passes Thursday night or Friday morning. But House aides have said Republicans often pass same-day authority just before recess to give members flexibility to pass bills quickly on the way out the door and that it’s not clear at all that it will be used Friday to approve the Senate healthcare bill, especially since it’s not clear what the Senate can pass or if it can pass anything.
There are other ways same-day authority could be used on Friday. For example, it could also be used quickly pass a rule and an immediate vote on a motion to go to conference with the Senate on the healthcare bill, which is a relatively likely outcome given Paul’s statement saying the House was “willing” to conference with the Senate on the bill.
