US Senate does something unbelievable: passes a bill

Taxmaggedon's not averted, but the competition is on fair ground

The United States got a little more likely to avoid Taxmaggedon yesterday, as the Senate voted narrowly to pass the Democrats' bill extending "middle-class" tax cuts 51-48.

On December 31st, 2012, the tax cuts passed by George Bush will all expire at once, along with a number of other tax cuts and spending provisions. If this isn't averted, the resulting economic shock – dubbed a "fiscal cliff" by Fed chairman Ben Bernanke, and Taxmaggedon by others – has been predicted to knock 4 per cent from US growth in 2013.

The strange thing about the situation, though, is that both parties want to avert it. Unfortunately, their chosen outcomes are different enough that each would rather let the nation burn and blame it on the other than pass something they don't agree with.

The desired outcome for Republicans is keeping all the tax cuts except for two – Obama's payroll tax cut, and the tax cuts implemented in the 2009 stimlus package. Not coincedentally, these are two of the cuts which affect low-income people most, and as a result, the party isn't hugely eager to mention that they are in favour of repealing them with the "Tax Hike Prevention Act of 2013" (which will directly implement tax hikes. America).

The Democrats, however, want to keep those low-income tax cuts, and also all of the Bush tax cuts up to $250,000 per year. Despite the fact that only 2 per cent of the country earns above that, they have come to be called the "middle-class" tax cuts. In return, they want to soak the rich a bit more, reverting marginal tax rates above that level to where they were in the Clinton era, and implementing the so-called "Buffet rule" to prevent brazen tax avoidance.

It is clear, however, that there are a large number of tax hikes which both parties want to avoid. So why the reticence? Because after the election – indeed, after Taxmaggedon actually takes effect – it will be a lot easier to get bipartisan support. Right now, the Democratic position involves tricking or cajoling Repbulicans into voting for tax hikes, even if only on the rich. But coming to that same position in 2013 will involve voting for tax cuts, since the hikes they want will happen automatically. That vote is a far more palatable prospect.

So while the Democrat-controlled Senate passed the their preferred bill, the Republican House of Representatives in gearing up to reject it out of hand. It will not make it to the President's table in this form, and nothing is likely to until at least November. 

But there is, buried in this, a small bit of good news. Because the Senate did something rather unusual: they had a vote which was won by the side with the most people on it. Normally, the arcane standing orders of the Senate require a supermajority, of at least 60, to win any vote - otherwise it can be filibustered indefinitely, preventing any other business from occurring. The fact that this was passed by a simple majority could mean a simmering of tensions on the matter, or an eagerness (however slight) to work together. Or it could be that they knew it wouldn't pass the House and weren't in a mood to fight.

Time, as ever, will tell.

Senate majority leader Harry Reid, the Democrats' man in the Senate. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

How Jim Murphy's mistake cost Labour - and helped make Ruth Davidson

Scottish Labour's former leader's great mistake was to run away from Labour's Scottish referendum, not on it.

The strange revival of Conservative Scotland? Another poll from north of the border, this time from the Times and YouGov, shows the Tories experiencing a revival in Scotland, up to 28 per cent of the vote, enough to net seven extra seats from the SNP.

Adding to the Nationalists’ misery, according to the same poll, they would lose East Dunbartonshire to the Liberal Democrats, reducing their strength in the Commons to a still-formidable 47 seats.

It could be worse than the polls suggest, however. In the elections to the Scottish Parliament last year, parties which backed a No vote in the referendum did better in the first-past-the-post seats than the polls would have suggested – thanks to tactical voting by No voters, who backed whichever party had the best chance of beating the SNP.

The strategic insight of Ruth Davidson, the Conservative leader in Scotland, was to to recast her party as the loudest defender of the Union between Scotland and the rest of the United Kingdom. She has absorbed large chunks of that vote from the Liberal Democrats and Labour, but, paradoxically, at the Holyrood elections at least, the “Unionist coalition” she assembled helped those parties even though it cost the vote share.

The big thing to watch is not just where the parties of the Union make gains, but where they successfully form strong second-places against whoever the strongest pro-Union party is.

Davidson’s popularity and eye for a good photo opportunity – which came first is an interesting question – mean that the natural benefactor in most places will likely be the Tories.

But it could have been very different. The first politician to hit successfully upon the “last defender of the Union” routine was Ian Murray, the last Labour MP in Scotland, who squeezed both the  Liberal Democrat and Conservative vote in his seat of Edinburgh South.

His then-leader in Scotland, Jim Murphy, had a different idea. He fought the election in 2015 to the SNP’s left, with the slogan of “Whether you’re Yes, or No, the Tories have got to go”.  There were a couple of problems with that approach, as one  former staffer put it: “Firstly, the SNP weren’t going to put the Tories in, and everyone knew it. Secondly, no-one but us wanted to move on [from the referendum]”.

Then again under different leadership, this time under Kezia Dugdale, Scottish Labour once again fought a campaign explicitly to the left of the SNP, promising to increase taxation to blunt cuts devolved from Westminster, and an agnostic position on the referendum. Dugdale said she’d be open to voting to leave the United Kingdom if Britain left the European Union. Senior Scottish Labour figures flirted with the idea that the party might be neutral in a forthcoming election. Once again, the party tried to move on – but no-one else wanted to move on.

How different things might be if instead of running away from their referendum campaign, Jim Murphy had run towards it in 2015. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.

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