Let's assume Brown does beat Coakley in the special election. What happens to the health-care reform bill?
Right now, Plan B is for the House to pass the Senate bill untouched, and then for the Senate to implement certain changes through reconciliation, which only requires 50 votes. I've heard other options, such as rushing the Senate bill through, or delaying Brown's certification so that there is time for the Democrats to complete the Senate-House negotiations. I suppose Plan C is failure.
If Brown wins and the Democrats do push a bill through, the optics will be terrible no matter how they do it. Whatever happens, it'll look like they're using parliamentary tricks to get around the will of the people (even though it would technically be a trick to get around the Republicans' trick of the filibuster). The question is, are those terrible optics worse for the Democrats than passing nothing at all?
It's a hard question to answer, because many groups within the Democratic caucus have to agree in order to pass anything. The swing voters here are moderates in the House and Senate, and the lefty House Dems who voted against the health bill the first time around because it didn't go far enough.
The biggest issue of contention between the House and Senate bills is that the Senate bill really whacks the unions by adding an extra tax to "cadillac" health insurance plans. Pelosi and the House caucus will probably oppose the Senate bill unless they can be assured that the Senate will come back and implement a compromise through reconciliation.
The question then goes back to the Senate, where support is iffy. There is certainly a group of moderates who will oppose reconcilation, as a way of blocking reform altogether -- Lieberman, Landrieu, Bayh, Prior, Lincoln, and Nelson come to mind. If those 6 oppose reconcilation, the Dems can only lose 3 more senators before reform is dead. That's not
too hard to imagine. McCaskill? Baucus? Hagan? Byrd? Specter? Conrad? Dorgan? None of these are shoo-ins. Meanwhile
This all comes against a backdrop where the health reform bill is opposed by the public something like 60-40. And if Brown wins by a substantial margin (more than 2 points) it will be a very public repudiation of the Democratic agenda. If voters in
Massachusetts give
Ted Kennedy's seat to a Republican, I think a lot of Democrats will lose political courage, hunker down, and focus on their own re-election. Not passing health reform didn't help the Dems much in 1994, but passing it in such an ugly way might be even worse. If Brown wins, the odds of any health care bill being signed into law would be about 25%.