Legislative Process
Secrecy in Lawmaking and What it Spells for the rest of the 115th
Josh Huder | July 24, 2017
The House and Senate efforts to repeal and replace versions of the Affordable Care Act have relied on an amazingly convoluted, opaque, and covert process. It was, and is, a stunning display of haste and hubris, well outside the norms of the modern legislative process. Speaker Ryan dropped the American Health Care Act (AHCA) practically
The legislative filibuster isn’t going anywhere any time soon
Josh Huder | April 5, 2017
It’s a nuclear week in the Senate. Majority Leader McConnell has hinted that he has the votes to go “nuclear” on Judge Gorsuch’s nomination to the Supreme Court. In effect, McConnell would invoke the same process then-Majority Leader Harry Reid used in 2013 to change the Senate’s interpretation of Rule XXII. The effect would reduce
On to Reconciliation! Republicans have a plan but probably won’t follow it.
Josh Huder | January 12, 2017
The Senate passed a budget yesterday. It lacked some of the typical hallmarks of a budget resolution. Namely, the chamber did not debate in any great detail discretionary spending numbers. This budget is meant for one purpose and one purpose only: repealing the Affordable Care Act (ACA). Following the campaign congressional Republicans set out on
The new Budget Drama and Procedural Inventiveness. Got to love the House.
Josh Huder | February 24, 2016
The optimism following the 2-year budget deal struck last October is officially over. Many House majority members who were unhappy with the deal remain unhappy. Over the past month House conservatives have signaled they will not vote for a budget unless they find $30 billion in cuts. Enacting a budget (or appropriations) below the
How long will the “open process” last?
Josh Huder | February 3, 2016
During the Republican retreat two weeks ago Speaker Ryan doubled down on his commitment open the process in the House. The original pledge was offered to satisfy conservative members’ desire for greater input and influence. Anyone with a deliberative-democratic bone in their body should welcome this change and the pledge. However, it comes with
Regular order: Republicans’ risky venture into open debate
Josh Huder | December 1, 2015
Members in the House are calling for regular order. If you have no idea what “regular order” means, don’t worry. You’re not alone. In fact, you’re probably in the company of many members of Congress. Calls for regular order are almost as old as the institution itself. In theory, regular order is open, deliberative processes
How John Boehner would Lose his Job: He Chooses to.
Josh Huder | September 24, 2015
This is the week Speaker John Boehner will supposedly face a vote to remove him from the speakership on the House floor. Don’t buy the hype. Amid multiple headlines claiming Speaker Boehner is facing his most strident rebellion yet, it’s important to keep the procedural context in mind. The only way John Boehner will vacate
Will the Senate Go Nuclear Again?
Josh Huder | July 27, 2015
Put this in the “it’s not really nuclear” category. Despite several accounts reporting that Senator Mike Lee (R-UT) plans to go nuclear, don’t believe the headlines. That said this is likely the most interesting thing that will happen in the Senate this year, at least from a procedural standpoint. After cloture is invoked Senator Lee
Political parties are often too convenient an explanation
Josh Huder | April 28, 2015
Teagan Goddard asked the question, can politics be “unbundled” from political parties? In other words, if there is a market where we can unbundle phone and internet service, why isn’t there a market to unbundle politics from parties? Hans Noel wrote an excellent piecedescribing how the electoral and governing process
The budget rule is uncommon but (small ‘d’) democratic
The House budget proposal is being brought to the floor under an uncommon rule called the queen-of-the-hill. It’s being framed as quirky, odd and, at times, a signal of Republican dysfunction. However, it perhaps best described as a release valve. Under the queen-of-the-hill process multiple amendments (which is a full substitute bill) are