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Archive of entries posted on March 2010

A Court Challenge to the “Slaughter Solution”

           This Politico article  provides a good overview of the possibility of a court challenge to healthcare reform legislation if it is enacted through the “Slaughter Solution.”  The article notes that “[n]o lawyer interviewed by POLITICO thought the constitutionality of the ‘deem and pass’ approach being considered by House Democrats was an open-and-shut case either [...]

Does the “Slaughter Solution” Comply with the Constitution’s Lawmaking Requirements?

The latest procedural furor in the healthcare reform debate has been over something dubbed the “Slaughter Solution,” so-named after the Chair of the House Rules Committee.  To understand this procedure, one must recall that the Democratic leadership intends for the House to pass two separate bills.  The first is the bill that previously passed the [...]

The Role of Reconciliation Instructions

For those who are trying to follow the nearly incomprehensible debate over reconciliation, it is worthwhile keeping in mind the controlling reconciliation instructions, which are contained in Sections 201 and 202 of the Concurrent Budget Resolution for Fiscal Year 2010.  The exact language of these instructions turns out, it appears, to be critically important. For [...]

Should He Stay or Should He Go?

Congressman Eric Massa (D-NY) has announced that he intends to resign from Congress effective 5 pm today.  Massa had announced last Wednesday that he would not seek re-election for health reasons, but his decision on Friday to resign immediately was apparently prompted by revelations that the House Ethics Committee is investigating him for “sexually harassing” [...]

Renzi Update

In a recent series of opinion/orders, the federal district court (Judge Bury) denied former Congressman Renzi’s various Speech or Debate claims, upholding the Magistrate’s previous rulings on those subjects.  (see here, here and here).  The judge, however, recognized that the Speech or Debate claims are likely to be the subject of an interlocutory appeal, thus [...]

Issa to Towns: Just the Facts, Man

           A recent post suggested the possibility that Toyota could seek to prevent its former attorney, Dimitrios Biller, from disclosing attorney-client privileged documents to Congress in response to a subpoena.  Toyota, however, apparently did not attempt to do so, and the House Committee on Oversight and Government Reform has obtained the responsive documents.                Now [...]