‘Deem and pass’ dead; Now it’s the ‘Supermax’ rule with few amendments, little debate

When House Speaker Nancy Pelosi calls for consideration of the Senate version of Obamacare sometime early this afternoon, it won’t be under the now-infamous “deem and pass” procedure, but rather a highly restrictive “Supermax” rule that stifles debate and limits the minority’s right to offer amendments.

By a 9-4 count, the Democratic majority on the House Rules Committee adopted the Supermax rule after Republican opposition – echoed by a few Democrats not on the Rules panel – generated intense public opposition to “deem and pass.” The decision appeared to be motivated at least in part by panel chairman Rep. Louise Slaughter’s anger towards Ranking Minority Member Rep. David Dreier, R-CA, who led the charge against “deem and pass.”

But Dreier isn’t backing off, issuing a statement late last night blasting Supermax:

“Even without the Slaughter Solution, this rule is an affront to the democratic process. Rather than living up to their promises of transparency and accountability, the Democratic Majority is now openly flouting them. By severely limiting debate and protecting the backroom deals that have so angered the American people, the Majority has demonstrated their top priority remains forcing through their government takeover of our healthcare system at all costs.”

The rule sets up following votes today, which House Majority Leader Steny Hoyer said would most likely be taken between 1 and 2 pm this afternoon: The first vote will be on the Supermax rule itself; the vote will be on the Senate version of Obamacare, including the special deals like the Cornhusker Kickback, Louisiana Purchase, Gator Aid and the Cadillac Tax, the vote will be on a motion to recommit on the “sidecar” reconciliation package that contains changes in the Senate bill sought by the House,  and the fourth and final taly will be on sidecar measure.

Dreier said the net effect of this rule will be the same as “deem and pass. “If this rule and the bills it provides consideration for pass tomorrow, the American people will be stuck with every pig in the poke that is Senate-passed bill. It will be law. The fixes will not be. Members can try to argue they only supported the Senate bill in a fixed form, but the American people won’t buy it.”

Dreier further argued that the debate over “deem and pass” had at least one salutary effect, bringing home to the public the importance of how Congress does its business. “They get it – process is substance. They know what all of this means and they don’t like it. There is still time for the Majority to turn back and work with Republicans on meaningful healthcare reform that won’t break the bank and won’t do further harm to our already vulnerable economy. I will argue vigorously against this unfair, flawed rule on the floor of the House.”

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