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Edited on Mon Dec-21-09 09:13 PM by lapfog_1
We usually hear about the filibuster in the context of Cloture (to end debate).
When the bill comes back from conference, it cannot be debated or amended.
However, there will still be a motion to "lay it upon the table". And that motion can be filibustered (and will be). A 60 vote margin will be needed again to break the filibuster. After that, a 50-50 tie is all that is needed for it to be passed and sent to the President.
So, there will be at least two more filibuster votes, the one Christmas Eve to end debate on the bill (last night was just about the manager's amendment). Then the simple majority (50-50) to adopt the bill and send it to conference. And then the procedure above.
Of course, someone pointed out another possibility, namely that the Senate votes for Cloture on the bill, then votes to approve the bill and then THAT EXACT BILL is voted on (straight up or down) in the House. Should the House pass it, it goes to the President directly, no conference, no additional Senate votes. I believe that this is unlikely as there are a few things that Democrats in the House want to tweak that might pass muster in the Senate, for example, tonight it was rumored that the drug re-importation amendment might be stuck back in at conference. Nelson and Lieberman will be consulted first to make sure this is OK with them.
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