Andy — Ramesh is right, but I would add one more thing: The point of drawing attention to potential Byrd Rule challenges to the reconciliation bill in the Senate is to remind House Democrats that, even though they think they’re getting away with something by voting for Demon Pass, they are still placing their trust in the Senate to enact the reconciliation bill more or less unchanged. What Demon Pass does is allow them to tell their constituents, “I voted for the Senate bill, but only conditional on the approval of a package of ‘fixes’ to the bill.” But if I understand things correctly, those “fixes” don’t become law right away, whereas the Senate bill does. The “fixes” still have to go to the Senate for a vote, and that’s where things could get uncomfortable for House Dems, particularly those who are beholden to organized labor.

As the WSJ notes, the part of the reconciliation bill most vulnerable to a Byrd Rule challenge is the delayed implementation of the “Cadillac tax,” a tax the unions hate. This delay is thought to be crucial to gaining the support of union-backed progressive Dems, who are already risking the Left’s ire by breaking their promise to oppose any bill that lacks a public option. These Dems can protest that their vote for the Senate bill was contingent on passage of the Cadillac fix, but they can’t promise that the fix will become law. If their union buddies end up getting the shaft, Demon Pass cannot provide political refuge for these lawmakers. Their only hope would be labor’s willingness to tolerate the Cadillac tax for now, knowing that this health-care bill is not the end but the beginning of the government takeover.