I’ve been looking with no luck so far into wreckconciliation details describing the different “types”. This was alluded to in a Mark Levin broadcast earlier this week. If I interpret him correctly (only half awake, from a late-night audio replay), some wreckconciliation scenarios are constitutional, such as judiciary nominations, and others are “extra”-constitutional such as this “health” bill.
It is a thin reed to rely on the "constitutionality" or lack of it concerning the proper use of reconciliation because the sole arbiter of it appears to be the president of the Senate and the people in their wisdom have elected Joe Biden to that constitutional position. That means that if Biden decides to break with Senate practice and not heed the the ruling of the clerk who might be or might not be fair-minded, and declares the entire health-care bill to be appropriate for reconciliation, that is the end of the appeal process.
Clearly, the Supreme Court is not going to intervene in a co-equal branch to sort out the sentence rulemaking procedures; it will find that to be radioactive and declare it to be a political question, a nonjusticiable question, not subject to their review.
So we have only the court of public opinion to which to appeal Joe Biden's ruling as president of the Senate. If he rules the whole bill to be available for reconciliation rather than just the parts clearly associated with taxing and appropriations, the Republicans are left with no option but using the amendment process to shut down the Senate.
I do not share the view posted so far on this thread that this will be an easy sell in a public-relations sense for the Republicans. When Social Security checks don't go out or other functions of government begin to break down, many many conservatives find they have a liberal core.
