# Explain to me what I'm missing re: health care reconciliation

**URL:** <https://boards.straightdope.com/t/explain-to-me-what-im-missing-re-health-care-reconciliation/532053>\
**Category:** Great Debates\
**Created:** [March 11, 2010, 1:15am UTC](https://boards.straightdope.com/t/explain-to-me-what-im-missing-re-health-care-reconciliation/532053 "2010-03-11T01:15:28Z")\
**Posts on this page:** 1\
**Showing post:** 59

<div class="post-metadata">

**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [March 17, 2010, 6:04pm UTC](https://boards.straightdope.com/t/explain-to-me-what-im-missing-re-health-care-reconciliation/532053/59 "2010-03-17T18:04:42Z")

</div>

> [@yorick73](#):
>
> I’m really shocked that this tactic hasn’t received more press in the past. It seems to me that it is a clear violation of article 1 section 7 of the constitution. I am no lawyer and certainly no constitutional scholar so hopefully one will be along to explain this better.

Apparently the courts have looked at it and it is legal.

[Public Citizen v US District Court for DC](http://openjurist.org/486/f3d/1342/public-citizen-v-united-states-district-court-for-the-district-of-columbia) (2005 Circuit Court case)

[FIELD et al. v. CLARK, Collector](http://openjurist.org/143/us/649) (1892 US Supreme Court case)

Summary can be found at the link below:

> [@](#):
>
> So, once Nancy Pelosi and either Vice President Biden, as President of the Senate, or Senator Byrd, as President pro tempore attest that the bill has passed their respective houses, that is the end of the matter unless the Supreme Court ends up over-ruling a 118 year old precedent and creating a Constitutional crisis.
> 
> I wouldn’t count on that happening.
> 
> SOURCE: [http://belowthebeltway.com/2010/03/16/why-the-slaughter-solution-will-probably-be-allowed-to-stand/](http://belowthebeltway.com/2010/03/16/why-the-slaughter-solution-will-probably-be-allowed-to-stand/)
> 
> From Comments Section at this link:
> 
> Doug Mataconis Says:
> 
> Nick,
> 
> I understand your attempt to distinguish Marshall Field from this situation, it’s a good argument.
> 
> My point is that the last time this deeming rule was challenged in Court, two Federal Court’s applied the Marshall Field precedent to state that they had no power to look beyond the attestation of the presiding officers of the House and Senate.
> 
> Are there five votes on the Supreme Court to overrule M-F ? I’m not sure, heck I’m not even sure you’d get a Justice like Scalia on your side in a case like this.

---

_[View the full topic](https://boards.straightdope.com/t/explain-to-me-what-im-missing-re-health-care-reconciliation/532053)._