This was ostensibly a vote on a motion to table (kill) an amendment by Sen. Pat Roberts (R-KS) to the companion bill eliminating an excise tax on companies selling medical devices. The measure Roberts sought to amend was a “companion bill” making a number of changes to health care reform legislation already signed into law by President Obama. The underlying context was that Republicans were trying to attach amendments to the companion bill in order to send it back the House, where it had passed by a narrow margin. CNN reported that Republicans had chosen to offer a slew of amendments in order to “undermine the measure,” while the Associated Press characterized the amendments as “a final drive to thwart President Barack Obama's health care remake.”
This was the first in a series of votes dealing with a new tax on medical devices.
Roberts urged the Senate to support his amendment: "…Included in the new taxes in this health reform is a tax hike of $20 billion on medical devices....Who are these folks who will bear the burden of this new tax? People with disabilities, diabetics, amputees, people with cancer, just to name some of the people--and more--who will see their costs go up because of this tax. We do not want to do this. Why should we want to do this on those who are most vulnerable?"
Sen. Max Baucus (D-MT) made a motion to table (kill) the amendment, saying: "This health care bill is premised on the assumption that all groups should participate in finding the correct health care solution for our health care system. That includes hospitals, pharmaceuticals, and it also includes device manufacturers. This amendment would exclude one section: device manufacturers."
After the House and Senate both passed their respective health care reform bills, the two chambers had intended to reconcile those two bills into a final package. After the House and Senate passed that final package, it would have been sent to President Obama, who would have signed it into law. Sen. Scott Brown (R-MA), however, won a special election to replace the late Sen. Ted Kennedy (D-MA) before the final health care bill could be brought up for a vote. Brown's victory gave Republicans 41 votes in the Senate, leaving Democrats with 59 members – one vote short of the 60 votes they needed to defeat a unanimous Republican filibuster against the final health care bill.
In order to pass comprehensive health care legislation without a 60-vote majority in the Senate, Democratic leaders devised a plan in which the House would pass the Senate health care bill (H.R. 3590), thereby enabling the president to sign it into law. The House would then pass a separate companion bill (H.R. 4872) to make changes to the Senate health measure under a process known as "budget reconciliation." Bills considered under budget reconciliation cannot be filibustered under Senate rules. This process allowed the House to make changes to Senate-passed health care legislation without sending the entire health bill back to the Senate, where it could have been filibustered indefinitely. The companion bill incorporated changes to the Senate health care legislation desired by House Democrats. The House passed the companion measure, and sent it to the Senate, where Democratic leaders hoped to defeat all amendments -- thereby avoiding a second vote in the House on a substantively changed bill; a vote that Democrats might have lost given the already tight margin when it was voted on the previous week.
The Senate tabled (killed) the Roberts amendment by a vote of 56-42. 56 Democrats voted "yea." All 40 Republicans present and 2 Democrats voted "nay." As a result, the Senate rejected an amendment Democratic leaders feared could have torpedoed the entire companion health care bill and would have eliminated a 2.3% excise tax on the sale of medical devices.