Copy of Final Health Care Bill is Available Here
P. 1020, once this gets adopted, we are stuck with at least parts of it. The Independent Medicare Advisory Board cannot be repealed by future Congresses unless there is "an affirmative vote of three-fifths of the Members of the Senate." So they are changing the Senate rules without having to get the normal two-thirds vote required under the Senate rules.
Senator DeMint has this enlightening discussion.
and I quote -- "it shall not be in order in the senate or the house of representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection."
This is not legislation. it's not law. This is a rule change. It's a pretty big deal. We will be passing a new law and at the same time creating a senate rule that makes it out of order to amend or even repeal the law.
I'm not even sure that it's constitutional, but if it is, it most certainly is a senate rule. I don't see why the majority party wouldn't put this in every bill. If you like your law, you most certainly would want it to have force for future senates.
I mean, we want to bind future congresses. this goes to the fundamental purpose of senate rules: to prevent a tyrannical majority from trampling the rights of the minority or of future congresses. . .