Harry Reid filled the amendment tree on health care reform, putting the Senate on the path to a series of cloture votes leading to final passage of the bill, without any further changes beyond the manager’s amendment. Barring some unforeseen circumstance, that’s the bill which will head into a conference committee with the House, with the goal of arriving at legislation that can pass both chambers on a final vote.
The conference report can be filibustered, and obviously the axis of Nelson and Lieberman, etc., will be watching any alterations to the bill closely and making known their objections. However, there are also substantial objections among coalitions in the House, many of which are in conflict with the compromises made in the Senate.
For context, remember that the House bill only passed by a bare 220-215 majority. The dropping of the public option may appeal to some Democrats who voted no, changing their vote, but that could be offset by those who are against other key provisions and would base their vote on it:
• Abortion: The compromise in the Senate with Ben Nelson doesn’t seem to have satisfied House members on either side of the divide. Bart Stupak was working to undermine the compromise before it was even announced, and members of the Pro-Choice Caucus sound unimpressed as well. Here’s the statement from Reps. Diana DeGette and Louise Slaughter on the Senate bill:
“As the Co-Chairs of the Congressional Pro-Choice Caucus, we have serious reservations about the abortion provision included in the U.S. Senate’s health care bill. This provision is not only offensive to people who believe in choice, but it is also possibly unconstitutional. As we have maintained throughout this process, health care reform should not be misused to take away access to health care. The more than 190-member Caucus will review this language carefully as we move forward on health care reform.”
“Possibly unconstitutional” is a strong statement. And virtually every choice group, from Planned Parenthood on down, has expressed strong opposition to the Nelson language. At issue are two things: the segregation of funds, where women who receive subsidies on the exchange would have to give two checks to their insurance company to get reproductive choice coverage, which just comes off as humiliating. And then there’s the state opt-out, where states could ban coverage in their state exchanges. That may be where the constitutional issues arise (although five states currently ban private coverage of abortion services).
The compromise could also force state-based rather than national exchanges, which would be significantly worse from a regulatory standpoint.
• Immigration: The manager’s amendment to the Senate bill did not change two provisions which would both ban undocumented immigrants from purchasing insurance coverage on the exchange, even with their own money, and which would delay legal immigrants from using the exchanges for five years. Luis Gutierrez of the Congressional Hispanic Caucus said a month ago that it would be “impossible” to vote for any measure that denies undocumented immigrants health care, and there are at least a handful of members of the CHC who may agree with him. The House bill did not include these restrictions, so Gutierrez and others have never been forced into a vote like this.
• The Public Option: Over 60 members of the Progressive Caucus signed multiple letters saying they would vote against any bill that didn’t include a public insurance option. They already compromised back on Medicare + 5% rates, but leaders of the Progressive Caucus like Raul Grijalva and Lynn Woolsey have indicated that they would find it difficult to compromise again. I wouldn’t guess that everyone who signed the letter agrees with them, but there may be another handful.
There are obviously other pieces of reform that House members may find distasteful and want to improve; in particular, the funding mechanism (excise tax on high-end insurance plans vs. surtax on millionaires) or the employer mandate (versus the “free-rider” measure in the Senate bill). Nobody has yet made an ultimatum on these measures, but labor is fighting these two particularly hard, so I wouldn’t be surprised to see some labor liberals in the House make that claim.
There are probably 25-30 House Democrats who, for whatever reason, won’t vote for any health care bill. That leaves a very small margin of error to lose Democrats on any of the above issues. And of course, if they are satisfied, they risk losing 1 or 2 Democrats on the razor-thin margins in the Senate, which would also sink the bill.
I wouldn’t etch final passage in stone just yet…



43 Comments



Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
IF you want to get the anti choice language out of the bill I have a solution.
In Nebraska, who Ben Nelson represents exists a company called Omaha Steaks which sells steaks and other food items in stores around the US and by mail and on the net. Also the Nebraska Beef Board promotes the sales of Nebraska Beef.
Visualize thens of thousands of prochoice women calling Omaha Steaks which gave Ben Nelson money and calling The Nebraska Beef Board and saying
FORGET ABOUT ME DOING BUSINESS WITH YOU UNTIL YOU GET Ben Nelson to remove all the antichoice language from the health care bill.
Now that appears hardball. See http://www.democratz.org for details.
Regarding the public option I have this solution. Sign these petitions
http://bit.ly/traitorjoe
http://bit.ly/public_option
OK, OT but breaking news…
SPOCKO WINS!!!
Citadel Broadcasting files Chapter 11 bankruptcy
How’s that big salary working out for you Rushbo?
In terms of abortion coverage, this law further abets conscience clauses that are costly and harmful to patients; it codifies the Hyde Amendment, which prevents the federal funding of abortions, by changing it from an amendment to the appropriations bill that must be voted on yearly to a more firm law; it also has a bizarre paragraph about conducting a study on the mental health impact of adoption, abortion, and childbearing; I don’t know whose pet project this is, but it’s very strange. Women aren’t going to make that kind of personal decision based on the outcome of a longitudinal study.
YAY Spocko!!!
oh, and when I read the Harper’s piece someone linked to here today, it really let things click. That is a good layman’s read for anyone with a doubting feeling left by Biden or Axelrod or Conrad or Klobishar or Krugman ad nauseum:
http://www.harpers.org/archive/2009/12/0082740
Understanding ObamaCare
I really can’t see how Dems can pass this bill if they go back to the Senate under regular order, with a potential 60 vote filibuster. I see three trouble areas:
1. Abortion, as you mentioned – How can progressives in the House really vote for a bill that allows states to ban insurance coverage for reproductive services? That has women write a special “abortion check”? I just can’t see it. They may have swallowed hard and voted for a bill withStupak before, but they knew that wasn’t final… that was just moving the ball.
2. The “Cadillac” tax – Labor may not have many friends in the Senate, but they can pull a lot of strings in the House. And they want that provision dead (thank God, since it’s a middle class tax too, over time). But Nelson was running around today saying no millionaire’s tax, like the House has. What kind of bizarre botax-like compromise can they work out on this – even higher payroll taxes on the wealthy?
3. The public option – I have to believe there are a handful of progressive House members who want to be the next Grayson. Any progressive who wanted to could get a lot of campaign donations (and instant notoriety) by siding with the progressive netroots: MoveOn, PCCC, FDL, Kos, etc. and vote against the bill because it’s not progressive enough. Pelosi can manage these people somewhat, but she’s in “campaign mode” and how much more pressure can she put on these people to make potentially unpopular votes?
I still don’t see how everything gets ironed out without the bill getting noticeably more progressive and getting rammed through the Senate – on something a bit less than regular order?
Great reporting Dave! Your comprehensive coverage of important issues combined with the volume of posts is nothing short of amazing. Your leap from Calitics to the Lake shows that you truly were ready for the big leagues.
Keep up the good work!
last week i said i’d found something in commom with the tea baggers; that this bill should be killed. lo and behold lindsay graham said something yesterday that was spot on. graham said this bill has nothing to do with reforming healthcare, but was about saving the democratic party. this would be an embarrasing defeat for the prez and his cohorts. [deserved]
considering the extortion and bribery involved in getting the magical 60 votes, i would hope that all bribery and extortion charges be dropped against gov. blagoyavich. these types of antics seem to be the rule of the day.
IT seems like a no brainer to strong arm the companies that give money to conservatives in both parties in both houses with boycotts of their products aka purchasing strike to force these companies CEOs to go to congress and get us the legislation that we want, but my cynicism about the progressive netroots organizations which I have contacted over the last 4 to 8 years, continues because these netroots organizations appear cowards when it comes to boycotting.
These netroots organizations appear to me fake liberal organizations who will not play hardball with the funders of conservatives.
We don’t have a progressive health care bill because these netroots appear cowards in that area of boycotting. Even the Progressive Democrats of America will not touch the funders of conservatives.
http://www.democratz.org
Seriously, you think boycotting Omaha Steaks is going to push Nelson away from filibustering?
Nelson gets hundreds of thousands of dollars more from insurance companies than he’ll ever see from Omaha Steaks.
We don’t have a progressive health care bill because these netroots appear cowards in that area of boycotting.
Yeah, right. You know, I don’t think it’s your cynicism that’s the problem, here.
Go ahead and see if you can boycott a monopoly insurance company where people cannot easily change their insurance company.
However, a person can easily switch away from a food choice like Omaha Steaks and Nebraska beef in a heartbeat.
Yes, the members of these so called progressive groups appear cowards when it comes to boycotting. I will not apologize for calling it the way I see it.
back OT:
Mr. Dayen, I started reading you over at Digby’s, and I’m glad you’re on FDL. But I must disagree with this:
“Possibly unconstitutional” is a strong statement.
It can’t be that strong, not when it’s followed by this:
The more than 190-member Caucus will review this language carefully as we move forward on health care reform.”
So, it’s unconstitutional, that’s why they’ll be “reviewing the language carefully”.
That’s not a strong statement. If they thought it was unconstitutional, they should oppose it. They should say the language is unacceptable, and will result in the pro-choice caucus not letting the bill come out of conference.
“Reviewing the language, carefully” is what politicians do before they cave and say that they simply must pass this POS bill, warts and all because blah blah historic blah blah fix it later blah blah affordable blah blah millions of lives saved blah blah blah.
The CHC wants their constituency to have healthcare. Do they really think people who are here illegally are their constituency? How bizarre. Making legislation like this requires some willingness to get part of what you want and to make concessions which enable other politicians to go along. Are they flexible enough to get something or hard-headed enough to get nothing?
Ok. Liebermann threatened to withhold his vote until he got removal of the weak public option and the medicare buy in from the health care bill.
Nelson threatened to withhold his vote until he got that retrograde antiabortion language in the health care bill.
Now it appears your turn to withhold your dollars and purchases from the friends of Lieberman until we got a single payer public option by sending him email at http://bit.ly/traitorjoe
You can also withhold your dollars and purchases from Omaha Steaks the friend of Ben Nelson until he removes ALL antiabortion language from the health care bill by calling omahasteaks.com at 1-800-960-8400 and tell them that you refuse to buy from them until Ben Nelson removes ALL antiabortion language from the final health care bill.
THIS IS CORPORATE SERVITUDE…………………
Your freedom of association is violated under the color of law, where the tax code will be “”USED” to coerce Americans into contracts with the very corporatiions which “”KILL US”
This is involuntary servitude to government and corporations!
WAKE THE FUCK UP AMERICA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Does anyone have a list of House progressives who voted FOR HCR? (I remember Kucinich voted against, but there weren’t too many others were there?) I recall lots of qualifications of those votes, rhetoric such as ‘I just want to keep the bill moving forward,’ etc. We’re just talking about a very small handful of progressives who could take this thing down. Even a small percentage of those who vowed to vote ‘no’ without the p.o. making good on their promises will do it, right? JUST A FEW PROGRESSIVES CAN STOP THE MADNESS! Can’t they?
Omaha Steaks is also on Twitter, with several names there, for various departments.
http://twitter.com/search/users?q=omaha+steaks&category=people&source=find_on_twitter
I intend to tweet all of them, noting that I am a voting, pro-choice woman, who is not a vegetarian, BUT who will not be buying any of their products, due to Ben Nelson’s anti-woman agenda in the health-care reform bill.
Anyone here want to handle this one?
http://www.dailykos.com/story/2009/12/21/817417/-Devil-in-the-Details:-Mandate-not-mandatory
Huh, the abortion language “is possibly unconstitutional” but nothing about the mandate?
Can’t wait for the Beef Industry to successfully lobby Congress and the President so we’ll have mandates to buy that Nebraska Beef mentioned above. Won’t that be fun?
No way in hell mandates to purchase goods/services from private sellers is constitutional. No way in hell.
But, of course, neither is torture, spying on Americans without warrants, and starting wars every other year without a Congressional Declaration of War either.
Lesson? Guess nothing is unconstitutional.
I don’t know who the typical Obama Steaks customer is, but I’d imagine they’re more pro-life than the average American, linking them to Nelson’s abortion stance probably is a net plus for them marketing-wise.
OldFatGuy is right, the individual mandate is the issue that everyone, liberals and conservatives alike, hate once they learn about it. If you’re going to boycott, that’s the issue to stress.
Obama Steaks, heh.
Maybe I’ll re-word my tweets, then, to emphasize the mandate aspect.
How can I boycott Omaha Steaks, when I would never buy their corn-fed, hormone-filled crap in the first place? You should boycott that stuff for health reasons that have nothing to do with this legislation. If you eat meat, eat local grass-fed beef.
I still think Republicans must be guided by a genius who would put comic book super villains to shame. They are essentially getting a bill that they can love, but by getting Democrats to be the fall guys (and gals) Republicans can pretend to hate it and reap all the political benefits of that as well as getting yet more redistribution of wealth from We the People to the oligarchs.
A good piece on Obama’s lack of leardership and principles and how it’s costing him to lose not only the left but more importantly the middle.
http://www.huffingtonpost.com/drew-westen/leadership-obama-style-an_b_398813.html
time for progressives to stand up to these pathetic ‘PINOs’:
support the Arizona Health Care Freedom Act
no mandates!
http://www.azhealthcarefreedom.com
Foes of health care bill are birthers, right-wing militias, aryan groups
Having to give 2 checks to your insurance company is more than humiliating. It leads one to believe there is intent beforehand to get pregnant and abort.
And what if you have no intention of ever getting an abortion, don’t pay for it and are a victim of rape.
Tough cookies?
AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen David Dayen and the Firepup Freedom Fighters:
“Kill the bill!!!” No part of this bill should pass…Obama needs a signature failure comin out of his first year in order to stimulate the coalition buildin’ around the corporate wars, EFCA, jobs, gay rights and bankin’ reform. Healthcare will not die if this bill fails, it will only come back in the context of fixin’ the economy and endin’ the corporate wars which are, of course, all of a piece.
So don’t get depressed, don’t get co-opted and don’t get mad…GET ORGANIZED!
KEEP THE FAITH AND PASS THE AMMUNITION, WE HAFTA FIGHT THE BATTLES IF WE’RE GUNNA WIN THE WAR!!
I just signed the petition and now will remove FDL and other bookmarks from my browser. Yesterday, when the full impact of the bill became apparent, I felt worse than when President Bush was re-elected. With everything going on with our business, I just can’t stand the stress realizing what our Democratic party is doing to the USA. I will continue to get Jane’s emails to Take Action, but that will be it.
I wish all of your a very Merry Christmas and the best ever New Year! God bless to all of you.
The Stupak provision is a hell of a lot closer to having Constitutional infirmities than the Nelson provision. People like DeGette flapping their lips about the potential Constitutionality of the Nelson provision either don’t have a clue or are blowing smoke up their constituents’ backsides. It is a disingenuous claim; it will minimally pass muster; the mem to the contrary should be given a rest.
LOL paging Dr. Freud. However, I do the premise of this boycott is completely backwards, the trick is to get the teabaggers riled up at Obama Steaks for supporting Nelson and let them start twittering the poor Omaha Steaks folks, for example—
Hey Obama Steaks, We like dead cows and social functions NOT dead patients and socialism
Take care Sue, be well, and stay safe.
Hope things brighten for you, as well as all of us. I know it’s hard to stomach getting royally screwed by the R’s, only to replace them with D’s, and the royal screwing continues. Hard not to be upset with that. I know I am. I’m royally pissed.
Best wishes to you and yours.
Welcome to the ROPE A DOPE!!!
Barack Obama is no Democrat!
The elites feared that a real progressive could win in 2008, so they rigged the game in their favor. They found an actor name Barack Obama, his job was to win an OSCAR for acting like a Progressive.
How this ROPE A DOPE will work.
Barack Obama will PISS the PROGRESSIVES OFF! Make them not want to vote in 2010.
Barack Obama will then get to work with Republicans, because he is one. (Don’t be fool republicans could vote for this so call Health Card Reform Bill/ Insurance Bailout Plan)
Barack will then move toward the Progressives in 2011, “HIS ELECTION YEAR” and once he get re-elected screw Progressives again, because he is a Republican.
This in a nutshell is how the ELITES keep Progressives out the White House.
What Progressive NETWORKS must do now is find “Real Progressives” to challenge Dems in Strong Progressive Districts. No Dem will be able to defend this insurance bail out plan without a lot of lying!
Progressives must also organize like we did in 2008! This will really make the ELITES FEARFUL!!! , because remember Obama probably wants Republicans to win, so they can do more Corporate Legislation without consequences.
How many PROGRESSIVE ISSUES have OBAMA FOUGHT FOR? NOT MANY!
I guess I should have put that in quotes.
Quoted from Senator Sheldon Whitehouse (D-R.I.)
http://washingtontimes.com/weblogs/watercooler/2009/dec/20/sen-whitehouse-foes-health-care-bill-are-birthers-/
Sorry if this was posted. It’s a sickening example of what the PartyOfNo has become:
From Youtube:
Senator Richard Durbin (D-IL), called out Senator Tom Coburn (R-OK) on the United States Senate floor for asking that the American people pray that a US Senator not be able to make it to the late night/early morning vote on health care reform. Despite Durbin’s request that Coburn come out the Senate floor to explain his comments, the cowardly Senator from Oklahoma went into hiding.
http://www.youtube.com/watch?v=T6eDknhtgeY&feature=player_embedded
Jane, just got your petition to sign to Kill the Bill, but I can’t make myself do it for a couple of reasons. Yes, this is a crappy lousy bill, but first of all, the defeat of it would only show the American public that Dems cannot lead, and secondly, after watching the circus we just went through, does anyone think that we can ever do any better ? Especially in an election year of 2010, when Republicans are sure to take back the majority! I am tired of watching Democrats look like a party of impotent, in-fighting weak members. It is this or nothing, and I guess I have to choose this.
wow, planned parenthood might … have their leafy neighborhood members clutch their coach bags with tension!
while it is just ducky that there are affluent people who want the world to be a nice place, and they participate in their communitties to make the world a nicer place, they NEED to grow up to the mean, selfish pricks running things —
this sesame street teletubby edward scissorhands avon lady approach to politics – catch more flys with honey than vinegar – is f’king ridiculous.
While I firmly believe in everyone’s right to petition government for redress of grievance however they’re interested in peacefully petitioning – at least the pearl clutchers could recognize what a waste of time their ‘tactics’ are, and they could get outta the way of the people who want to win.
ugh.
rmm.
Yup. gotta hand it to the GOP— They’ve played this perfectly and clearly they want this to pass just as much as the White House does. They’ve positioned themselves to attack the Dems from day one for the tax increases and then run an option play headed into midterms. Depending on the district, they’ll either: 1. Attack from the Right– The bill does too much and spends too much money, 2. Attack from the Center– The bill does too little and waits too long to do it, or 3. Attack from the Left– Democrats sold out to special interests again, Obama’s insurance industry bailout is just more corporate welfare for Wall Street (Who knows maybe Kevin Phillips will have his day again). I wouldn’t be surprised to see GOP challengers in the Midwest or Northeast support the public option as a “free market” way to regulate skyrocketing insurance premiums.
Remember this about conservatives, their singular gift is not motivating their base (the NRA and religious right do that for them) but rather, finding issues that de-motivate the other guy’s base so they won’t come out and vote ( David Foster Wallace discussed how the Bush campaign did this to McCain in the 2000 SC primary in his wonderful “Up Simba”). The GOP will harp on every issue that will discourage Democratic-leaning group such progressives (abortion restrictions), union members (cadillac plan taxes), seniors (defunding the Medicare Advantage) or good government moderates (WH-Pharma secret deal) from even voting.
Senator Graham was not correct when he said “This bill has nothing to do with reforming healthcare, but was about saving the democratic party.” This bill was about saving the health insurance industry. In so doing, it’s possible that passage of the bill will actually harm the Democratic party.
Thanks for that link. An excellent article.
Hang in there, Max. I agree with what you’re saying. Boycotts, especially in a stressful economic time like this CAN put a lot of pressure on a company. Often these co’s are operating on pretty thin profit margins.
And you aren’t the only one advocating boycotts. Michael Moore is leading a full spectrum of them against Connecticut and Lieberman.
Also it isn’t so much a question of reducing the amount of money that goes to a legislator (the Health Cartel can always make that up.) It’s pressuring the co’s financially so they (and their employees) start squealing about it TO the legislator.
Finally, as long as it does’nt backfire, I am in favor of fighting this war with every means at our disposal. But every target co. must be studied carefully to avoid a possible blowback.
I am considering the value of a single central issue political party,
The National Helath Party. Boycotts could be one of its weopons.
Another poster was talking about an independent non-profit insurance company – for the people. I think these are great “movement” ideas.
Right on,Karen. I don’t Tweet, but I’ll be calling them. Everybody should.
amen.