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.