The only reason to pass such a major piece of legislation during a lame duck session is because the proposal is unpopular. If Democrats could sell the bill to their constituents, they would pass it before the November elections then campaign on it. Party leaders must also expect that the political will for this bill will not exist in the 112th Congress after the voters have spoken in November. In other words, the new representatives coming in are not going to vote for it – so Nancy Pelosi, Harry Reid, and Barack Obama had better get the representatives who were just fired to support it before they’re forced into early retirement.

This strategy has the same odor that stank up the final stages of health care reform. After the voters of Massachusetts elected Scott Brown to fill Ted Kennedy’s seat, the President refused to take the hint. Instead, he employed budgetary reconciliation – a technically legal legislative parlor trick that, had the shoe been on the other foot, would have provoked howls of outrage from the left and especially from our holier-than-thou President – to jam through a bill that the public had expressed sustained and significant opposition to.

For somebody who seems detached from the details of policy and largely uninterested in legislative wrangling, Barack Obama sure does come across sometimes like a political bully. But this is not bullying some obstinate backbench legislator. Instead, this is bullying the American people. With health care reform, he basically told the country that he didn’t care what it thought. The fact that people opposed the bill was proof they didn’t know what they were talking about. Now, apparently, the evolving strategy on energy is the same. Don’t like cap-and-trade? That’s your problem, not his. Plan to vote out Democrats in favor of the idea? Like he cares. He’ll pass it anyway.