The results of the New Hampshire Republican primary this week offers a reminder about how the 2010 health care overhaul became law. Republicans in the New Hampshire on Tuesday selected former Sen. Scott P. Brown to challenge incumbent Democratic Sen. Jeanne Shaheen.
In January 2010, Brown won a surprising victory in a special election in Massachusetts to fill the Senate seat vacated by the late Sen. Edward Kennedy. The election victory immediately stalled congressional action on the health care overhaul, which had just passed the Senate a few weeks earlier but was awaiting a vote in the House. Any House changes to the bill would require further Senate action and Brown’s opposition to the health law assured that Republicans, who assumed an extra Senate vote, could halt action on a revised measure. Regular Senate bills require 60-votes to proceed toward a vote and due to Browns’ victory, Democrats no longer held a 60-votes in support of the health law. Eventually, Democratic leaders coalesced on a strategy utilizing a cumbersome procedural process used for budgetary matters – bypassing the 60-vote requirement – and the health care overhaul passed in March 2010.
The budgetary reconciliation procedures used to adjust federal spending programs, which was enlisted to pass the health law, could return as a factor in Senate deliberations next year if Republicans retain control of the House and garner a majority of seats in the Senate. Part of the equation for Republican Senate control rests on the results of the Senate race in New Hampshire.