You could just see this one coming today: faced with a difficult vote count without a bloc of anti-choice Democrats on board, House Majority Leader Steny Hoyer expressed an openness to a standalone vote, essentially a third bill, on Bart Stupak’s abortion amendment, as a condition of his support for health care reform.
Stupak has re-entered negotiations with Democratic leadership, and this evening, emerging from a meeting with Sen. Max Baucus (D-MT), House Majority Leader Steny Hoyer indicated one possible way forward.
“Separate pieces of legislation could be passed that would relate to that,” Hoyer said in response to a question from TPMDC. “That’s a possibility. I talked to Mr. Stupak today, and I’m going to be talking to him next week and he indicated he wanted to have some discussions with people. And I will do that.”
House leaders do not have the option of changing the language in the Senate health care bill related to abortion funding, because it would probably not make it past the Byrd rule in the reconciliation process. Therefore, the only way to change the bill to Stupak’s satisfaction would be to give him a separate vote – a piece of legislation banning abortion services coverage in the exchanges.
The House’s other option is to pass the bill over the objection of Stupak and his co-horts. Stupak says he has twelve votes; Chris Bowers puts the number between 6 and 17 (I think it’s credible to suggest that members of Congress not with Stupak on all his test votes before could be with him now, because the stakes are different and the abortion issue is one they could bring to their constituents, to say they “got” something to stay on the bill). Whatever the number, any defections from yes votes at this stage would have to be matched with flipping people who voted against the House bill last time. The leadership doesn’t appear to have had much success in that effort yet, although at least a few are open to changing their vote. John Boccieri is the latest.
“After reviewing the President’s health care proposal and watching portions of his bipartisan health care summit, I’m encouraged the proposal contains important provisions to reduce fraud, waste, and abuse and reduce the deficit. I am hopeful that going forward from last week’s summit with bipartisan ideas, we can finally move toward providing affordable, quality coverage for everyone.”
But the fact that Hoyer is floating a separate vote does indicate that the leadership is having trouble matching Stupak’s numbers. And that raises a whole host of questions:
1) Would the President agree to delay signing of the final bill until the Stupak standalone bill gets a vote? Presumably Stupak would want such a guarantee.
2) Similarly, would the Senate be bound by such an agreement to put the amendment up to a standalone vote? Or is this just a House deal?
3) If the vote fails in either the House or the Senate, would that be it for health reform? Is this a promise of a future vote rather than a promise not to sign health care into law unless this passes?
4) What would Republicans do, in both the House and the Senate? In the House, all of them fell in line and agreed to the amendment back in November. In the Senate, all but Collins and Snowe agreed on the vote, which ultimately failed. But if health care rides on Republicans taking this vote, would they vote for it themselves, or would they rather put pro-choice Democrats in the excruciating position of having to vote for an abortion coverage ban in order to get health care through?
5) If Republicans refuse to play along, would Democrats whip the vote?
Expect answers to these questions in the next couple of days.
UPDATE: Just one other thing on this: how come 12 Democrats can force a standalone vote taking away reproductive rights, but 12, or 20, or 100-plus at last count, cannot force a vote on the public option, with the same tactic? Because one group is credibly willing to walk away from the table and ditch health care altogether, while the other is not.




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“Because one group is credibly willing to walk away from the table and ditch health care altogether, while the other is not”.
This is so true. I’m sure Stupak is a nice guy and all but he has a fetus fetish. We know from loooooong experience that such people are single minded, tireless, ruthless and dead serious. I would advise Obama against any deal with Stupak. I regard Stupak as an ally of course because I want to see the Senate Bill die. In the womb so to speak. So I welcome an over zealous, single issue, trouble maker to the process.
The Stupak bill entered the womb of the House after The Catholic Council Of Bishops did their abortion number to the House during House Debates and voting, etc.. I thought we were through with Church and State, and what about the Hyde bill that prohibits federal funds for abortions that must be approved ea year? I am not sure about this.
However this scurrilous add-on attacks on women’s rights is unconstitutional in the light of equal protection and the right to privacy, let alone RoevWade. Where is NOW or any of the women’s groups that should be fighting this like mad?
A few mad dogs can hold up the entire bill? Actually the House bill is far superior to the Senate bill. But 2014?? All the drugs and insurance prices will rise and already has, and this will further hurt us.
This 2700 page monster is a stinker & without real exchanges & a PO, as I see it- it simply moves America’s wealth [what's left of it] into the hands of Corporate America. Imagine… we getting screwed again!!
I think you’re worrying too much about Stupak. He’s said he wants to vote for HCR. He already got a significant victory with the Nelson compromise–which is far more restrictive than current law. He’ll probably accept a symbolic vote in the House. As for why progressives don’t play this same hardball (except Kucinich) I’ll never understand.
Hey, Morris —
Don’t bet on the unconstitutionality of the Stupak amendment. Jane thinks it is designed to “tee up” a constitutional challenge that would overturn Roe v. Wade. And don’t be so sure that Catholic (but divorced) Sotomayor wouldn’t go along to make it a 6-3 decision.
Jane thinks it is designed to “tee up” a constitutional challenge that would overturn Roe v. Wade.
Bingo.
Hey Bart: Give my regards to your homeboys over at C Street.
Thought the House already went through this charade with a separate vote for the amendment last November. Why do it again when it won’t make it into the Senate bill. Not that the Senate bill is much better for providing support for women’s reproductive rights. It discriminates against poor women. The C Street boys are toxic. Bishops walking right into Congressional chambers to lobby Pelosi and other reps. It’s an insult to the separation language in the First Amendment.
I sit here with one hope, that teabaggers and anti choice Dem nut cases successfully do what progressives should be doing.
Kill this bill!
No mandates to buy private insurance.
Without universal single payer old people are still forced to buy shit-crap ins co policies at inflated cost can’t afford prices. 65 years old and on Social Security does not mean good health care, Medicare with prescriptions cost one third of your social security…suicide much cheaper.
That’s a good point and it raises a question in my mind: I wonder how the insurance industry lobby feels about Bart and the rest of the Ministry of Virtue and Vice?
I can’t help but think that Greenwald is right. It’s just Stupak’s turn to play the heavy and kill legislation because none of them want to give up those health insurance lobby dollars. Stupak gets to polish his winger bonafides with what he perceives his base to be, which provides cover for Democrats from more liberal districts and they all get to keep those lobby dollars. It’s a win-win! What? The American people LOSE you say? Since when did THEY matter?
Jon Walker has a fresh cross-post already in progress: Anthony Weiner, If You Want a Vote on the Public Option, Why Not Demand It?
You forget that the majority of justices on the Supreme Court are Catholic. It’s not politically correct to point this out, but I am very bothered by it. With the Church trying to force politicians to tow the line or be excommunicated (or whatever the heck they call refusing the sacraments), why wouldn’t the Church lean on the judges to overturn Roe v. Wade?
Stupak received rent help for his C street apartment from the Family has he paid his taxes on the money he received?? As a matter of fact have any of them met their obligation to the TAX Man???? Rooms that rent in that area of Washington go for $2000 a month or better he only paid along with the rest of those senator’s and congressmem $600 a month some sweet deal.
When are we going to see an investigation of this scam???? Just Asking
The Roberts Court will never overturn Roe. They would just gut it like they did to Brown v Board in 2007.
There are several states that make it illegal for private insurance to offer abortion coverage already. Those laws were never thrown out.
How about he spends some time negotiating whether and how vigorously the IRS audits all of his little in-kind support from “the family” at C street, and while we’re at it, how involved he has been in manipulating legislation based on his sleazy cult ties? How about playing offense for a change? But then–I’m not a pussy–even if I am a democrat.
Sorry Nick. Didn’t mean to duplicate you.
The Hoyer offer of standalone is no big deal – as Stupak knows. So Stupak now demands a “tied to Senate Bill” passage deal where the tie is a parliamentary glue that says Senate bill after passage can not be released to President by Speaker (the rules say the Speaker can hold any bill – including those that haven passed by House) until such time as the Stupak ban abortion in all insurance nationwide sold via exchanges rule is adopted (like who will buy ins outside the exchanges and thereby give up any tax credits or subsidies they would otherwise get?).
This is a HUGE problem because the ENTIRE newly-created healthcare system, under this bill, is intended to be INFUSED WITH TAX DOLLARS, whether subsidies or incentives. It permeates the ENTIRE BILL.
This was necessary in order to justify the IRS and Federal ENFORCEMENT of this bill. But, it’s wrong.
The government needs to be as far away from enabling abortion as possible. And make no laws against it. Stay out. The best thing to do is leave the health insurance companies alone. This is a bailout for them enforced by the IRS and FEDS. Expand Medicare and Medicaid for those in need, older or pre-existing. Its the most economical and fair thing to do. But with Obama’s plan, the entire thing is a cocktail of tax dollars and insurance company profits.
Case closed.
And leave the abortion laws completely alone. They work just fine. Obama is giving away everything else he probably would give away Roe v Wade.
And why is abortion different from any other medical procedure? And don’t give me any bullshit about abortion involving deeply moral choices.
War involves deeply moral choices.
Capital punishment involves deeply moral choices.
Subsidizing petroleum production involves deeply moral choices.
I don’t want my money going to these immoral activities but no one says I should have that choice.
The Hyde amendment has nothing to do with morality. It is all about the Dems being weak in standing up for what they believe in.
I think it’s an issue getting the IRS involved in politics. Remember Nixon?
However, the House Ethics committee should get off their fucking butts here!