Ted Kennedy, coming through when it counts (again)

When it came to developments on Capitol Hill yesterday, most of the attention was on the Senate’s vote on the FISA “compromise.” That’s not surprising — it was an exceedingly disappointing vote on a very bad piece of legislation. The outcome, and even the margin, was as discouraging as anything we’ve seen from Congress this year.

But as dispiriting as the FISA vote was, the Medicare vote was a rather dramatic pick-me-up.

Senator Edward M. Kennedy made an extraordinary return to the Senate on Wednesday to deliver Democrats a decisive victory on a signature health care issue despite his own treatment for brain cancer.

Mr. Kennedy, Democrat of Massachusetts, flown in virtual secrecy to Washington, stirred the normally staid chamber to a rousing ovation and moved many colleagues to tears when he made a surprise appearance in the Senate in the late afternoon to break a Republican filibuster on a Medicare bill.

Looking steady but flushed in his first visit to the Capitol since his cancer was discovered in late May, Mr. Kennedy was quickly surrounded by senators who could barely keep from overwhelming him despite cautions to keep their distance because his treatments have weakened his immune system.

Senate Republicans “stood, smiled and applauded” — right up until it dawned on them that Ted Kennedy was about to kick their ass on healthcare. Again.

At issue was a Bush-administration cut in Medicare payments to doctors, which was certain to lead fewer doctors and hospitals to treat Medicare patients. Congressional Dems wanted to replace the difference by cutting payments to insurance companies that offer private Medicare Advantage plans, which as DDay noted, “has become something of a racket for insurance companies.”

The House easily passed the Medicare fix a couple of weeks ago, but Republican obstructionism in the Senate made it look like we were going to come up short. Then Ted Kennedy showed up.

Dems had 59 votes to cut off the GOP filibuster, and Kennedy made 60. At that point, Republicans saw the writing on the wall.

Nine Republicans switched their votes, providing enough for a veto override if the White House makes good on its threat and all senators stick with their position.

“Without Ted Kennedy, we wouldn’t have gotten the extra nine votes,” said Mr. Reid, who aides said was laughing uproariously in the cloak room after they pulled off the victory. “They knew the die had been cast, so they gave up.”

I have to say, seeing nine Republicans cravenly reverse course like this was rather amusing. They opposed the bill and supported a filibuster, right up until they realized they were going to lose. Then, wouldn’t you know it, they like Medicare after all.

As for the theatrics, this was the kind of plan that should bring a smile to the faces of any Democrat.

Mr. Kennedy’s appearance was the product of a covert operation coordinated with Senator Harry Reid of Nevada, the majority leader, after the bill to block a cut in doctor fees paid by Medicare fell one vote short two weeks ago. Few Democrats were made aware of the plan until minutes before the vote, and Republicans were blindsided, giving them no time to plot a counterstrategy.

Mr. Reid escorted Mr. Kennedy into the chamber along with Senator Barack Obama of Illinois, the Democratic presidential contender who was in the Senate for the Medicare vote as well as an earlier terror surveillance vote. Also serving as informal bodyguards were Senators John Kerry of Massachusetts and Christopher J. Dodd of Connecticut and Representative Patrick J. Kennedy of Rhode Island, Mr. Kennedy’s son.

Mr. Dodd said that Mr. Kennedy’s medical team had cautioned against the visit but that Mr. Kennedy would not be deterred. “This is an act of courage,” said Mr. Dodd, a close friend.

The White House continues to threaten a veto. Thanks to Kennedy, though, there’s a veto-proof majority in support of the bill, now in both chambers.

In a statement, Kennedy said, “I return to the Senate today to keep a promise to our senior citizens and that’s to protect Medicare. Win, lose or draw, I wanted to be here. I wasn’t going to take the chance that my vote could make the difference.”

And as we now know, Kennedy made a huge difference. He always has.

Post Script: Kennedy appeared in the chamber, despite his obviously serious health difficulties, and made a difference. John McCain, meanwhile, decided once again not to show up for work — he was the only senator in the chamber not to vote on the bill — but announced he would have supported the Bush administration’s position and voted against the Medicare bill if he were there. Barack Obama, of course, voted with the majority.

in spite of some of his baggage, i’ve always been sorry this man was never president

  • Mr. Kennedy was quickly surrounded by senators who could barely keep from overwhelming him despite cautions to keep their distance because his treatments have weakened his immune system.

    Sigh. Republicans thought they had a “win” here – they figured they had the votes counted and the filibuster would win the day. And they did that because they were counting on the dude with brain cancer being out for the vote.

    Kennedy could actually die because of this stunt. Those doctors aren’t kidding around when they say that cancer treatments weaken your immune system. It’s summer, so hopefully the chances of getting pneumonia are less, but still – that’s a big risk.

    All because the Republicans continue to play political games instead of growing up and taking their responsibilities seriously. Lousy jerks.

  • Hopefully Republicans didn’t throw any germs at Kennedy… you never know where Sen. McConnell’s hands have been…

  • just bill@1, I know what you mean, but I think he’s done far better good as the “liberal lion of the Senate”.

    I wonder if, subconciencely anyway, he never WANTED to be President.

  • Kennedy lost any hope of being president when he swam away from a DWI that ended in the death of a young woman. Through his lucky status as a rich man he “got off” with a hand slap, but his presidential hopes died along with that poor woman.

    Nonetheless, he has dedicated his life’s work to help the poor, the working poor, and many other clear thinking venues that have helped thousands and thousands of people have a chance at a better life. Perhaps that will help him during his “final” reckoning. Does years of service for the good of mankind offset a really asinine choice in his younger adult life? God only knows, and he/she isn’t saying.

    Given the type of human that seems to populate the Governing Class, he’s a much, much better human than a vast majority of that sub-set. It’s tragic he choose to swim rather than save on that awful night those many years ago.

  • Too bad Teddy couldn’t help out with the FISA bill, too. I_still_ don’t understand how such a lousy bill could get through a democrat-controlled senate. What I do know is that Steny Hoyer can kiss my ass on election day.

    Marko
    (from MARYLAND)

  • Wait, Kennedy was involved in a fatal DWI car accident? Why haven’t the republicans been mentioning this every single day for the last 30+ years? Oh wait, they have, because everybody has heard about it every day f or the last 30+ years.

    I guess I don’t see the point in restating what everybody knows in what could be his greatest moment.

  • “Does years of service for the good of mankind offset a really asinine choice in his younger adult life?”

    i sure hope so… and not just for ted kennedy’s sake, either.

  • “Barack Obama, of course, voted with the majority.”

    I guess the trick with Obama is to make sure the majority is progressive.

  • obama sold us out and as important as medicare is, tens of millions of Americans don’t have access to healthcare.

    What will obama do? Subsidies healthcare & insurance companies with our dollars, still leaving millions without coverage.

    There is no “victory” in this – you are putting lipstick on a pig.

  • btw, which 9 repubs switched their votes? i’m betting coleman, smith (me), smith (or), and dole. who were the other 5?

  • This is an important, heartwarming story that the media is ignoring. And John McCain slinks away and escapes all scrutiny as one of the villains in this drama. It’s an outrage.

    As a senior, and a recent Medicare beneficiary, I cannot emphasize enough how critical this last minute, heroic effort of Ted Kennedy was to the cause. The situation is bad enough with Medicare – it’s an under the radar problem in this country, and you have to get here to appreciate it – and a loss on this issue would have dealt a crippling blow to the system. But this is not the time for that.

    All hail Ted Kennedy. In the decades since that awful incident in Chappaquiddick, this man has been a giant, and in the opinion of many has redeemed himself and then some. It’s quite a story of personal dedication to causes far greater than one’s personal ambitiions.

  • “When it came to developments on Capitol Hill yesterday, most of the attention was on the Senate’s vote on the FISA “compromise.” That’s not surprising — it was an ,b>exceedingly disappointing “/b”vote on a very bad piece of legislation. The outcome, and even the margin, was as discouraging as anything we’ve seen from Congress this year.”

    Well written Mr Benen; But your adjectives are not adequate to describe what happened yesterday. When I heard Obama speak on the radio this morning it was with that feeling I get when I hear Bush speak: more bullshit-maybe he means it; maybe he doesn’t; probably he’s lying.

  • I’m off to practice typing and HTML tagging. It will be a more productive use of my time today than continued frustration with a political system that grows more corrupt by the minute.

    “Grows more corrupt by the minute”-now that’s change we can believe in.

  • Does anyone else see this stunt as an attempt to completely cover up the unforgivable capitulation on FISA. i mean, good for teddy, but let’s face it, this is GW in a flight suit on an aircraft carrier. a media stunt – don’t look over here at FISA, look over here at this shiny toy… Reid can manage to schedule the medicare vote for just after FISA, secretly get Kennedy there, know he has enough republicans, and overcome the filibuster, with perfect party unity, but can’t procedurally or otherwise do anything on FISA. oh well, we already had one party that was image over substance, guess the dems figure that have to copy that part of the republican brand also (to win, of course)…

  • nerpzilla @17:

    Reread NonyNony @2. My wife had breast cancer 2 years ago, and her doctors were quite serious in telling her to avoid catching anything during chemotherapy. It’s true that the vote on FISA expansion was sorely disappointing, and it’s also true Senator Reid has been at best a mixed bag as majority leader. But he’s nothing if not a decent human being, and I’m confident that endangering someone’s life to avoid some flack is beyond him.

  • lynn said:
    “Barack Obama, of course, voted with the majority.”
    I guess the trick with Obama is to make sure the majority is progressive.

    Good point. And I don’t think we’ll be confusing Progressive with Democratic any time soon.

    I think CB may have defined this campaign with his line: “Barack Obama, of course, voted with the majority.”

    Perhaps Obama is just an Oratorical Reid who bends in the wind.

    Great theatre with Kennedy showing up. I wouldn’t call it exactly heroic but good.

    But like Nerpzilla I wonder if his appearance wasn’t bit of a shiny object distraction (along with Jackson’s remarks later) to help bury the FISA vote news as quickly as possible.

  • At least someone showed up to lead yesterday. Thanks Ted, and hope you feel better! Enjoy your morning sail!

  • 8.On July 10th, 2008 at 9:59 am, scott_m said:
    Edward Kennedy: A Caesar Rodney for the 21st Century

    Good one, scott! We don’t get as many references we have to search on since Ed left us.

  • “This Administration has put forward a false choice between the liberties we cherish and the security we demand. When I am president, there will be no more illegal wire-tapping of American citizens; no more national security letters to spy on citizens who are not suspected of a crime; no more tracking citizens who do nothing more than protest a misguided war. Our Constitution works, and so does the FISA court.”

    Too bad Obama doesn’t believe that anymore.

  • “Barack Obama, of course, voted with the majority.”

    I guess the trick with Obama is to make sure the majority is progressive.

    Perhaps Obama is just an Oratorical Reid who bends in the wind.

    No, Obama is a left-leaning centrist. Like Bill Clinton, Hillary Clinton, Al Gore (up until recently at least), John Kerry, and a whole host of other Democratic politicians. They tend to vote with the majority a lot because the majority often ends up with a “center-left” or “center-right” position depending on the topic at hand. Because that’s how deliberative bodies like the Senate and the House are supposed to function – through compromise of extreme positions to find a middle ground.

    And the Democratic Party post-1968 has become a breeding ground for that kind of politician because of the party’s embrace of civil rights as a major part of the party identity – the “run to the center” has been the method of choice to try to diffuse the fact that in certain parts of the country just saying that people should be treated equally under the law just because they’re people was (and in some cases today, remains) a “radical leftist” proposition.

    Is it an excuse, no. Just an explanation. And, of course, the activist elements of the Democratic Party have let the party do this because the activists tuned out of the Party in the 70s, started spending their time backing various targeted interest groups instead of a cohesive party, and pretty much let the machine-oriented and centrist pols take over for the last 30 years.

  • 23.On July 10th, 2008 at 11:17 am, NonyNony said:
    No,

    No, you’re wrong, NonyNony. Try again. And this time with facts.

  • #23

    I’m curious: Is the evisceration of the 4th amendment with this FISA “compromise” a center, center-left or center-right approach to governing.

  • I still believe that after the election, if Obama wins, he will take care of FISA properly. There are still way too many people in this country who are scared spitless of terrorists and will accuse him of catering to them, because he is Muslim, don’t you know… I think that he thinks he is doing what he has to do to get elected.

  • I was all Hillary until Obama came along.

    Then the FISA vote came and Obama disappointed me greatly.

    I know he can’t rock the boat too much until November but it still hurts. Can’t think why I take it so personally. He’s just a politician after all.

  • Hey NonyNony (couldn’t resist),

    Where did the other ‘left-leaning centrists’ in your list in the Senate, Hillary Clinton and John Kerry, end up on the FISA bill?

    In the minority, with the constitution, and with the citizens of the United States.

    I get the drive to explain away Obama’s mistake and broken promise, but really, if we do that, if we don’t hold him accountable, we’re no better than the Republicans.

  • I still believe that after the election, if Obama wins, he will take care of FISA properly. -Always hopeful

    Do our chosen handles predispose us to disagreement? 🙂

    I like your optimism, but just don’t see that happening. Obama is in a weird position: what he does today might grant himself new power in the near future. Power is an intoxicating drug, not given up easily.

    Which is, ironically, why I think we have the slimmest hope that this bill will be determined unconstitutional by a court unwilling to diminish their power of oversight.

    But I must stress the ‘slimmest.’

  • Good for Senator Kennedy, hopefully he will recover and be in the US Senate for many years to come. Shocking that the only senator that did not show up for the vote was John McCain.

  • Does anyone else see this stunt as an attempt to completely cover up the unforgivable capitulation on FISA. — nerpzilla, @17

    Nope. According to the article I read (whatever it was that Steve Benen linked to in yesterday’s Mini Report at the end of the day), Kennedy couldn’t have made it to the FISA vote even if he wanted to; he flew directly from the daily dose of treatment to DC, making it just in time for the Medicare vote. Then was going to turn around and fly back for today’s dose of treatment.

    Would you have preferred that he listened to his doctors’ objections to leaving the hospital at all? If he had not shown up for the Medicare vote *either*, would that have made it feel less like a stunt to you? If the Medicare bill had faltered over that single vote, how would you have felt?

    My feeling is that, had Reid scheduled the votes the other way around (with the Medicare first and FISA second), we’d have lost both. Kennedy wouldn’t have made it in time for Medicare and probably wouldn’t have defied his doctors for the FISA; we lost that one by such a large margin, that a single vote wouldn’t have made any difference at all.

    So, please, give the man credit without any caveats; he deserves it.

  • Look at what has happened to any Kennedy who might have had presidential ambitions.

    That is heroism, to show up to support what you believe in even at the risk of death.
    I don’t think he was as inspired or ideological as his brothers or would have made as good a president but he far surpasses our current President.

    He is inspiring and this move today is something to be heralded. If only Lieberman and others would take note.

  • Anyone keeping track of the last vote the Maverick was actually present for and cast a vote ? It’s been a long time and someone needs to call him on it. His “I would have voted….” non-sense is starting to wear thin. The funny thing is he isn’t smart enough to say I would have voted X when we all know he would have voted Y. No, the Maverick says I am with him (pointing at Bush). Idiot.

    He has zero clue about the vote, but he thinks Bush is so politically in tune, that he will go with whatever Bush says. I would expect nothing less from a republican who they (the press) call the Maverick.

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