The death of Sen. Edward Kennedy strips the Democrats of the 60-vote supermajority they enjoyed for a mere 51 days. But the liberal icon’s demise may help pass a watered-down version of his health legislation.
The loss of Kennedy leaves Senate Democrats with 59 votes, one short of the 60 they need to block a certain filibuster from Republicans. With the future of Kennedy’s vacant seat up in the air, Democratic leaders will now have justification for passing health care reform in the Senate with just 51 votes through the use of a parliamentary maneuver called reconciliation.
Such a move would force the Democrats to break the bill up into separate, smaller bills, rather than the sweeping reform Kennedy sought.
Prominent Democrats are calling for the passage of a bill in honor of Kennedy, 77.
“Let us stop the shouting and name-calling and have a civilized debate on health care reform,” said Democratic Sen. Robert Byrd, who has mostly sidelined from the Senate due to poor health.
While Kennedy was widely eulogized by Republicans, it is unlikely his death will soften the universal opposition to his health plan in the GOP. Nor will it persuade many moderate Democrats from swing districts who have been ambushed by widespread constituent opposition to the scope and cost of the proposal.
“Kennedy’s death will result in a further weakening of the Democratic position,” said Paul Watanabe, a political science professor at the University of Massachusetts in Boston. “And a further weakening of the Democratic position means they are going to have to accept less in order to be able to secure the precious votes they need.”
It’s not clear yet how long Kennedy’s seat will remain empty. The Massachusetts legislature changed the law in 2004 to require a special election within 160 days to fill the seat to foil then-Gov. Mitt Romney’s hopes of appointing a Republican to the Senate.
Just before he died, Kennedy asked Democratic Gov. Deval Patrick and the legislature to change the law back, which would ensure that a Democrat replace him immediately in the Senate.
“Changing the law to block a Republican governor’s nomination to fill an empty seat was something easily done last time,” Boston University political science professor Walter Connor said. “Changing it back in the present situation, as many have advocated, would not present any problem of principle for many legislators.”
