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Fox News continues to falsely claim Dems considering "changing the rules" to pass health care reform

August 22, 2009 4:23 pm ET — 29 Comments

Fox News anchor Jamie Colby falsely characterized Senate Democrats passing health care reform legislation with a simple majority through a process known as reconciliation as "potentially changing the rules with the nuclear option." In fact, Democrats are not considering "changing the rules" -- reconciliation is already part of Senate procedure and Republicans have used it repeatedly in the past, while the term "nuclear option" was coined by then-Republican Sen. Trent Lott in 2005 to refer to a possible Republican attempt to change Senate filibuster rules.

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From the August 22 edition of Fox News' America's News HQ:

COLBY: There's been a lot of talk in the last week about potentially splitting the bill, potentially changing the rules with the nuclear option, and the question I have is the Blue Dogs were very vocal before the recess -- we haven't heard much since everyone has been back in their home states -- and I'm wondering whether or not you'll take a position different than other Democrats when you get back. And what would be at the top of your list of what you'd hope there would be a consensus on?

[...]

COLBY: Will you exercise -- the Democrats, will they exercise, do you believe, the nuclear option? And the president said in an interview last week that there must be a program that is deficit neutral. Is that possible?

"Nuclear option" was coined to describe the process to change Senate filibuster rules

Lott described proposal to change filibuster rules as nuclear option. The term "nuclear option" was coined by Lott, one of the leading advocates of a proposal to change the Senate rule that requires a three-fifths supermajority to invoke cloture and end a filibuster. After Republican strategists deemed the term a political liability, Republican senators began to attribute it to Democrats. As Media Matters for America noted, at the time, many in the news media followed suit, repeating the Republicans' false attribution of the term to the Democrats.

Reconciliation is already part of Senate procedure, and Republicans have used it repeatedly

Reconciliation process is part of Congressional budget process. The budget reconciliation process is defined by the U.S. House Committee on Rules as "part of the congressional budget process ... utilized when Congress issues directives to legislate policy changes in mandatory spending (entitlements) or revenue programs (tax laws) to achieve the goals in spending and revenue contemplated by the budget resolution."

Republicans have repeatedly used reconciliation to pass President Bush's agenda. Republicans used the budget reconciliation process to pass President Bush's 2001 and 2003 tax cuts as well as the 2005 "Tax Increase Prevention and Reconciliation Act." The Senate also used the reconciliation procedure to pass a bill containing a provision that would permit oil drilling in the Arctic National Wildlife Refuge. (The final version of that bill signed by President Bush did not contain the provision on drilling.)

Fox News figures repeatedly refer to reconciliation as "nuclear option"

Bill Sammon: "Democrats are headed for not the public option, but the nuclear option." Fox News vice president of news and Washington managing editor Bill Sammon has repeatedly falsely compared the potential use of reconciliation to pass a health care bill to the "nuclear option."

Dick Morris predicts Democrats will use "reconciliation, the so-called nuclear option." On the August 10 edition of Fox News' Hannity, Fox News contributor Dick Morris predicted that Democrats will try to pass a health care bill "with 50 votes on reconciliation, the so-called nuclear option."

Sean Hannity: Dems "are even talking about a nuclear option." On August 11, host Sean Hannity similarly stated that Democrats "are even talking about a nuclear option if they can't get their 60-vote filibuster number in the Senate -- or filibuster-proof number."

Bret Baier: Reconciliation "used to be called the nuclear option, didn't it?" On August 19, while discussing health care reform, Bret Baier stated that "reconciliation" is "where the vote would be ... they would only need 51 votes instead of the 60 normally required. Reconciliation is what it's called now. It used to be called the nuclear option, didn't it?"

Mike Emanuel: Dems "considering the nuclear option" to pass health care reform. On August 20, White House correspondent Mike Emanuel stated that "if you look at the headlines this morning, it says that, basically, the Democrats are considering the nuclear option -- 51 votes to get the most controversial aspects of health care reform through." Emanuel added: "So the question is: Are some Democrats somewhere basically threatening Republicans, saying, you can either get with us or we're gonna shove it down your throats? And so, definitely, you see some flexing of muscles from some Democrats out there."

Van Susteren: Dems might use "nuclear option, which is slang for ... reconciliation." On August 20, Greta Van Susteren asserted that Democrats are "threatening to go nuclear, literally." Van Susteren later added, "Democrats might use the nuclear option, which is slang for a parliamentary procedure called reconciliation, to get health care reform passed."

Juan Williams: Passing a Democrats-only health bill is "literally what would be called the nuclear option." On August 22, Fox News political contributor Juan Williams stated on NPR's Weekend Edition Saturday that passing a health care reform bill without Republican support is "possible, but it's literally what would be called the nuclear option in terms of reconciliation."

Fox News graphic defined "nuclear option" as "[f]orcing government-run insurance through the Senate with just 51 votes." On August 20, Bill Hemmer stated: "Democratic congressional leaders now considering a nuclear option to pass the most controversial parts of the reform package." Fox featured this onscreen text advancing the false definition:

Fox Nation: "Dems Consider Nuclear Option to Pass Health Care." On August 20, Fox Nation featured the following headline and image:

Transcript

From the August 22 edition of Fox News' America's News HQ:

COLBY: There's been a lot of talk in the last week about potentially splitting the bill, potentially changing the rules with the nuclear option, and the question I have is the Blue Dogs were very vocal before the recess -- we haven't heard much since everyone has been back in their home states -- and I'm wondering whether or not you'll take a position different than other Democrats when you get back. And what would be at the top of your list of what you'd hope there would be a consensus on?

[...]

COLBY: Will you exercise -- the Democrats, will they exercise, do you believe, the nuclear option? And the president said in an interview last week that there must be a program that is deficit neutral. Is that possible?

REP. JASON ALTMIRE (D-PA): Well, we have to be deficit neutral, there's no question about that. We have to pay for every added expense that's in this bill. This cannot add one penny to the federal deficit. I think that's a must. With regard to the Senate rules and procedures, look, I don't know the way they're going to approach the bill.

All I know is that in the House, in order to achieve consensus, we're going to have to reform that bill. It wasn't good enough. That's why I voted against it in committee. We can do better. We can move to consensus and I think we're going to get that done.

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    • Author by fantagor (August 22, 2009 4:47 pm ET)
      9 1
      Changing the rules is what the GOP did during the last congressional session. They used the filibuster 112 TIMES in two years. The previous high was 61 times. Now they have started a meme that the Dems really need 75-80 votes in the Senate. Heck, why stop there? Why not 90 or 100 or 110 or 1,000,000? When your suggesting the impossible, there's no reason to be shy.

      Randy
      Report Abuse
        • Author by IRONY 101 (August 22, 2009 6:03 pm ET)
          10 1
          No...only property-owning white men will be allowed to vote.

          And you are correct...FOX is like a comic book. I blame FOX's viewers, though, as FOX only exists because of the stupid, ignorant, gullible people who watch it. This country really is split between normal Americans on one side and FOX viewers on the other.
          Report Abuse
        • Author by mountainman57 (August 22, 2009 10:23 pm ET)
            5
          You far left liberals condoned David Letterman's disgusting, and slanderous attack on Sarah Palin and her daughter (they should have sued that washed up bum), yet you have the audacity to refer to Fox News as a comic book? You liberals love to use vulgar name calling and insults. It's probably because facts only confuse you. Have you all had you daily "tingle" up your leg thinking about Obama like Chris Matthews does? You can't debate intelligently, so all you liberals know how to do is spew your words of hate against anyone who disagrees with you. Stay with MSNBC, CNN, and the other liberally biased MSM. You're all pathetic. The Democrats will lose big time in 2010 and Obama is a one term President, guaranteed, his job approval is continually going south every day, which means Americans are seeing the dangerous path he is trying to lead us all down. If you believe in Mediamatters, then you really do like comic books, but try MAD Magazine, at least it's more intelligent and much more entertaining.
          Report Abuse
          • Author by heru (August 23, 2009 7:09 pm ET)
            4  
            You better hope Blue Cross doesn't consider stupidity a preexisting condition.
            Report Abuse
          • Author by bintx (August 23, 2009 7:10 pm ET)
            3  
            Ah, another phony conservative who believes that anyone who disagrees with his/her opinion is a "far left liberal." Guess what? Most of us just simply disagree with you, even most TRUE conservatives. Just because you and a little under 1% of the American population watch a cable opinion network faithfully and quote its RATINGS loyally doesn't mean you are conservative, just means you watch a cable opinion network that bolsters your hatred.

            As for Letterman . . . he told a joke about Sarah Palin and the daughter that Sarah Palin felt the need to HUMILIATE in order to further her own agenda. Letterman, in case you forgot, is a COMEDIAN. He is not part of the "news" media and does not hold himself out to be a part of the "news" media. Fox, on the other hand, DOES hold itself out to be part of the "news" media and the comedians on that network pretend that they are reporting "news," when, in fact, they are simply spouting opinion.

            You really need to turn off Fox . . . You're being lied to by these very highly paid entertainers and those entertainers are LAUGHING at you. They are not conservatives, they are simply people making a buck off of your ignorance.
            Report Abuse
    • Author by DrGianrico (August 22, 2009 5:15 pm ET)
         
      FOX NONSENSE CHANNEL doesn't report the news. They are the propaganda arm of GOP lackey Rupert Murdoch who direct his talking heads and Stepford bimbettes as to which Talking Points of the Party should be emphasized to stir up and agitate the lunatic fringe. Inflaming their baser instincts and fomenting disruptions.
      I watch that channel after getting the news elsewhere both for entertainment and to hear just what misinformation and prevarications are being spread that day.
      You've got to admire Rupert. He's a hell of a businessman. A true Capitalist Conservative without Conscience.
      Report Abuse
    • Author by patachon (August 22, 2009 5:31 pm ET)
      10 1
      For the NPR crowd, Fox News Commentator, Juan Williams couldn't control himself and used 'Nuclear Option' while discussing Obama being "'Outmaneuvered' On Health Care?" on today's "Sunday Morning Edition":
      http://www.npr.org/templates/story/story.php?storyId=112134916

      Even worse, Williams said that passage of such a bill with only Democratic support (i.e. what most of us know as 'majority rule') would represent the bill being "shoved down our throats".

      Those are the exact words he used. I kid you not.

      Report Abuse
      • Author by patachon (August 22, 2009 5:35 pm ET)
        7 2
        Opps, I see you listed it. Good job! Though his comment about the bill if passed by majority vote yet without Republican support as being 'shoved down our throats' is worth a separate mention.
        Report Abuse
    • Author by oscar the grouch (August 22, 2009 6:54 pm ET)
      1 9
      "changing the rules"? Like using taxpayer money to fund a lobbying effort?

      "The White House hired a private communications company based in Minnesota to distribute mass e-mails, helping to shed light on how some recipients received e-mails in support of President Obama's health care plan without signing up for them, FOX News has learned.

      The company, Govdelivery, describes itself as the world's leading provider of government-to-citizen communication solutions and says its e-mail service provides a fully-automated on-demand public communication system.

      It is still unknown how much taxpayer money the White House provides to Govdelivery for its services."
      Report Abuse
      • Author by vhw28672478 (August 22, 2009 9:41 pm ET)
        7  
        We need health care reformed
        Report Abuse
        • Author by oscar the grouch (August 23, 2009 12:19 pm ET)
            4
          I agree there, it is just how we go about doing it that we probably disagree on. Too many are equating health care reform with "free" health care. If we can get past that and people agree that they need to be involved in the $ side of it as well as other factors involved in the equation, we may be able to get somewhere.
          Report Abuse
          • Author by fantagor (August 23, 2009 5:05 pm ET)
            4  
            Please stop. You are doing what Rachel Maddow showed us in her "pizza sketch": saying you want pizza when you really don't want pizza. No matter what the Democrats put on the table, you will reject it. Why? Because you don't want healthcare reform. You want tort reform and more payouts to the insurance industry. This isn't reform. It's an abomination.

            Randy
            Report Abuse
      • Author by Buzzramjet (August 22, 2009 10:39 pm ET)
        10  
        Any idea of how much taxpayer money was used to kill thousands of innocent Iraqis?

        Any idea of how much taxpayer money was used to hire Blackwater to murder civilians in Iraq?

        I could go on but I doubt hiring a mass emailer gets anywhere NEAR the 1/1000 of a percent mark that those killings have cost.

        So what is your problem with the WH hiring people to get it's message out? Didn't hear you teabirthers whining about the real death panels called the lying war mongers and that cost in lives and treasure.

        Report Abuse
        • Author by progressiveright (August 22, 2009 11:48 pm ET)
          7  
          What about the killing by Whitehouse hired mercs in our own New Orleans after Katrina. Yes they killed innocents and it is finally being investigated.
          Report Abuse
        • Author by bintx (August 23, 2009 3:37 pm ET)
          2  
          Yeah, and that money was never carried in the budget. If it were, Bush's last budget would have been close to 4 trillion dollars. As it was, it was 3.2 trillion.

          Did you hear Fox lamenting about it then?
          Report Abuse
      • Author by Buzzramjet (August 22, 2009 10:42 pm ET)
        8  
        Oh and by the way you do know Bush used govdelivery as well?

        That in fact they are used extensively by the government to get information out.

        Oh and Palin used them as well.

        Go look 'em up.
        Report Abuse
        • Author by oscar the grouch (August 23, 2009 12:17 pm ET)
            5
          So it the old "they did it so we can do it too." defense. Pretty lame comining from this Administration, who campaigned on change. Looks like the only thing that has changed is the signature on the checks.
          Report Abuse
          • Author by fantagor (August 23, 2009 5:11 pm ET)
            3  
            Yes, and Obama sits in the same chair that Bush did. Blasphemy! Republicans only complain when it's a Democrat in the White House. Democrats have the sense to complain when government does the wrong thing, regardless of the occupant's party. Complaining about printing literature through a government service is worse than petty, it's an irrelevancy. I never heard a single Democrat complain about Bush using it, unless of course Bush, being Bush, used to print RELIGIOUS dogma, which is a possibility.

            Randy
            Report Abuse
    • Author by progressiveright (August 22, 2009 11:43 pm ET)
      1 4
      To tell the truth the filibuster is antiAmerican in that it stops a majority vote for other than Constitutional reasons. This goes against democracy the GOP claims to like democracy and that the Dem do not. I see it the other way with all their filibusters. Reconciliation is the democratic way to go on this and the GOP knows it. They are afraid to have a fair vote. The GOP cannot win a fair vote at all anymore.
      Report Abuse
      • Author by MiddleLeft (August 23, 2009 12:17 am ET)
        4 1
        To tell the truth the filibuster is antiAmerican in that it stops a majority vote for other than Constitutional reasons. This goes against democracy

        I believe the founding fathers of this country disagree. A 60% majority is required in the senate and only 51% in the house to do any business. This was done purposely. The upper house (like house of lords) had to have more agreement than the commoners as a way of putting the brakes on possibly unwise changes. I shudder to think what could have happened in the last 8 years without this provision. The threat by Republicans to remove this provision was named the nuclear option for good reason. Be careful what you ask for.
        Report Abuse
        • Author by albertsenj (August 23, 2009 3:42 am ET)
             
          Do you have a source for your contention that a 60% majority is required in the Senate to do ANY business? I don't believe that is correct.
          Report Abuse
          • Author by Easy to refute wingnuts (August 23, 2009 9:12 am ET)
               
            Since any Senator can filibuster any bill, and 60 votes are required for cloture, it can take 60% to do any business. MiddleLeft is correct.
            Report Abuse
            • Author by BillJ-MN (August 23, 2009 10:26 am ET)
              3  
              No, he isn't really. He suggested that the 60 vote majority was instituted by the founding fathers. That's not true. The Constitution only places a requirement of a majority to pass most legislation with exceptions for a small number of items specified in the Constitution.

              The cloture rule for filibuster was instituted as a Senate rule long after the founding fathers were dead. It's strictly a Senate rule and, as such, is subject to change at the whim of the Senate, albeit with a 2/3 majority. It has nothing to do with the founding fathers or any Constitutional requirement or intent.
              Report Abuse
              • Author by bintx (August 23, 2009 3:39 pm ET)
                1  
                All that is required for passage of a bill in the Senate is 51%. The 60% number applies ONLY to cloture and is not to be found in the Constitution.
                Report Abuse
                • Author by tman418 (August 25, 2009 12:27 am ET)
                     
                  Hey bintx, in the Rush Limbaugh thread, you were responding to a wingnut who was responding to me, and I thought you were responding to me. Sorry about that.
                  Report Abuse
        • Author by mikehuck1976 (August 25, 2009 12:00 am ET)
             
          There is nothing constitutional about the filibuster. Look it up. I assure you it is so. In fact, you could argue that it is unconstitutional. I understand the argument that it assures the minority gets respected. But, you know how I think the minority gets respected in a democratic republic? Get enough votes to become the majority.
          Report Abuse
      • Author by Brabantio (August 23, 2009 9:00 am ET)
        4  
        I think the problem here is that this is something that was set up under the premise that elected officials would generally act in good faith, that it would be used in order to prevent radical legislation from the majority. Instead, it's being used as a tool of political nuisance and game-playing. You could say the same thing about impeachment. Obviously that's something we need to have available, while some people might want to use it for purely partisan purposes. All you can really do is criticize people for that type of behavior.
        Report Abuse
    • Author by internet soldier (August 23, 2009 7:09 am ET)
      6  
      It's bizzare how the Repukes only ever accuse dems of doing things they have already done. Clearly it is some weird pathology, since I doubt they are trying to come across as hypocrites.
      Report Abuse
    • Author by SMTDL (August 23, 2009 1:49 pm ET)
      3  
      Is it a requirement to be hypocritical to be Republican??The double standards on everything is amazing.No concerns for deficits/Economy/spending while cutting taxes under Bush.The Bush Tarp and Auto Bailouts last fall were supported strongly by Republicans but they criticize now as if those were passed during the Obama administration and they voted against them!!! I think John Ensign takes the cake in trying to minimalize his infidelity to that of Bill Clinton!!Republicans used every tactic available to them when they were in power including reconciliation.Why didn't they want 75 votes for approval to go to war in Iraq or Bush's 1.5 trillion dollar tax cut!!!!!!!
      Report Abuse

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