So who did cast the critical 60th vote for the Affordable Care Act, a k a "Obamacare"?
Facing a new election year, the GOP has an answer ready to go: U.S. Sen. Al Franken, the Minnesota Democrat whose 2008 recount victory over Republican Norm Coleman helped alter the balance of power in national politics.
With the rocky rollout of healthcare.gov, Minnesotans can expect to hear a lot about the symbolic 60th vote; for example, U.S. Rep. Michele Bachmann recently penned an opinion piece calling Franken "a leading cheerleader and the 60th vote for Obamacare."
But in a body of 100 senators, Franken is hardly the only contender for the distinction. Not to mention that in the end, the essential finishing touches of the health care law passed the Senate — thanks to some tricky legislative maneuvering — with a mere 56 votes, not 60.
So that voters can better assess the 60th vote claim (Franken prefers to call himself the "second senator from Minnesota"), some math history is in order.
As the disputed 2008 election headed for the courts, Senate Democrats were still two votes shy of a filibuster-proof 60-vote "supermajority." The late Pennsylvania Sen. Arlen Specter changed that in early 2009 by switching parties, becoming a Democrat. That gave the Democrats control of 59 votes, and sharpened the stakes in Minnesota's protracted recount.
Franken's final victory in July 2009 made it 60. But a month later, the health care bill's most ardent champion, Massachusetts' Ted Kennedy, died.
Kennedy's temporarily appointed replacement, Paul Kirk, could just as easily be considered the "60th vote." Or, just as plausibly, it was Connecticut independent Joe Lieberman, who held out until the controversial "public option" was jettisoned. Or perhaps more famously, the distinction could go to conservative Nebraska Democrat Ben Nelson, who held out for a Medicaid provision widely derided as the "Cornhusker Kickback."