Congress returns this week from their 2 week long recess facing several key decisions which will effect the summer and fall sessions leading up to the highly anticipated November elections of 2010. The first of these major decisions will be whether or not to include in the annual budget resolution any reconciliation instructions that might instruct Congress to pass immigration, global warming and/or additional health care changes. The second will be how long to plan for Senate confirmation of the soon to be nominated Supreme Court Justice to replace the retiring Justice Stevens. Both of these decisions could have major ramifications in the years to come.
When readers think of the budget process and reconciliation, I am sure folks remember the magic that reconciliation brings to the legislative process... that being a majority only requirement to pass the bills in the Senate. This majority vote requirement looks really good to any democratic leader wanting victory, now that the Senate has lost its filibuster proof democratic membership. However, this writer believes the retirement of Cong. Bart Stupak (D-MI) will cause the leaders on Capitol Hill to rethink their timing on much of their agenda planned for the remainder of the 2nd session of the 111th Congress.
I believe Cong. Stupak’s unexpected announcement that he will not seek reelection in November, will provoke many democratic members of Congress to become "gun shy" when it comes to casting politically sensitive, tough votes. If my predictions are correct, these members will very shortly begin to whine to their leaders about not wanting to cast any votes that will put them at odds with their constituents. They will threaten to ban- together with other like minded incumbents and boycott the votes, or better yet, vote against the particular issue. They will ask that no highly charged political issues be considered before the elections. This will leave the House and Senate democratic leadership as well as the POTUS in a real dilemma since they believe their democratic membership in Congress is at its highest level that they will enjoy for some time to come. With this in mind, don't be surprised if you begin to hear rumblings about a lame duck session in Congress. "Lame duck sessions" are those legislative sessions that occur after a general election, but before the new members of Congress-elect are sworn into office the following January. The democratic leadership in conjunction with the POTUS could easily announce that given the large amount of work that needs to be done, and the unexpected retirement of Justice Stevens and the need for the Senate to fully consider and debate this nomination, that a "lame duck session" is inevitable. This will allow the democratic leaders to punt many controversial votes until after the November elections but before they lose their congressional majorities needed to pass much of the President's agenda. Just to give you an idea how this session could play out, reconciliation instructions could be exercised during this winter session, along with the majority of the appropriations bills. If this lame duck session does come to fruition, don't be surprised if this November, early December session isn't one of the most ambitious lame duck sessions in Congressional history. Stay tuned
Elizabeth B. Letchworth is a former 4 times elected United States Senate Secretary for the Majority and Minority-(retired). Currently she is the owner of GradeGov.com http://www.gradegov.com/
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