"With less than two hours to midnight and shutdown, Speaker John Boehner's latest plan emerged. House Republicans would "insist" on their latest spending bill, including the anti-Obamacare provision, and request a conference with the Senate to resolve the two chambers' differences.
Under normal House rules, according to House Democrats, once that bill had been rejected again by the Senate, then any member of the House could have made a motion to vote on the Senate's bill. Such a motion would have been what is called "privileged" and entitled to a vote of the full House. At that point, Democrats say, they could have joined with moderate Republicans in approving the motion and then in passing the clean Senate bill, averting a shutdown.
But previously, House Republicans had made a small but hugely consequential move to block them from doing it.
In other words, if the House and Senate are gridlocked as they were on the eve of the shutdown, any motion from any member to end that gridlock should be allowed to proceed. Like, for example, a motion to vote on the Senate bill. That's how House Democrats read it.
But the House Rules Committee voted the night of Sept. 30 to change that rule for this specific bill. They added language dictating that any motion "may be offered only by the majority Leader or his designee."
So unless House Majority Leader Eric Cantor (R-VA) wanted the Senate spending bill to come to the floor, it wasn't going to happen. And it didn't.
"I've never seen this rule used. I'm not even sure they were certain we would have found it," a House Democratic aide told TPM. "This was an overabundance of caution on their part. 'We've got to find every single crack in the dam that water can get through and plug it.'"
Congressional historians agreed that it was highly unusual for the House to reserve such power solely for the leadership.
"I've never heard of anything like that before," Norm Ornstein, resident scholar at the American Enterprise Institute, told TPM."