Sen. Robert Byrd, who in two separate letters to his colleagues appeared to oppose use of the reconciliation process to pass health care legislation, seems to have had at least a partial change of heart.
In letters sent to other senators last April and last month, Byrd, D-W.Va., specifically stated that health care legislation was not a proper subject for use of the reconciliation process to cut off debate on a bill.
Now, however, Byrd has said it may be acceptable to use reconciliation, providing the health care bill is "structured to reduce deficits by, for example, finding savings in Medicare or lowering health care costs ..." The statement was contained in a letter sent to the Charleston Daily Mail.
In his April 2009 letter, Byrd was quite clear in stating that use of reconciliation on a health care bill would "violate the intent and spirit" of the budget process in the Senate.
What changed? Byrd was aware last year and late last month when he sent other senators his second letter that the health care bill included budget items. Virtually all legislation does, directly or indirectly.
Yet on those two occasions, Byrd seemed to understand that budget considerations were only secondary reasons why President Barack Obama and liberal Senate leaders want to use reconciliation to pass health care legislation. Now, the senior senator from West Virginia seems willing to overlook that knowledge.
Like all members of Congress, Byrd relies on members of his staff to provide research and guidance on various issues. We hope this is not a case in which he is receiving bad advice from either his own staff or powerful liberals in the White House and House Majority Leader Harry Reid's office.
We believe Byrd was right in his first two letters: Use of reconciliation to pass the health care bill, under the guise - and it would be only that - of deficit reduction would be improper. It has been estimated that the bill would, if enacted, cost more than $1 trillion over a 10-year period. That is not deficit reduction.
We urge Byrd to reconsider. During his long, distinguished career in Congress, he has established a reputation for being a fierce defender of Senate traditions, often used to safeguard the interests of the American people. Allowing Obama, Reid and company to twist Senate rules in a desperate attempt to pass the health care bill would not pass tests Byrd so often has insisted be met.