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Scrambling for Votes, Democrats Face Uphill Climb to Pass Healthcare Reform

Discussion in 'BBS Hangout: Debate & Discussion' started by MojoMan, Mar 14, 2010.

  1. justtxyank

    justtxyank Contributing Member

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    Surprisingly, I had never thought of this situation from this perspective. Very interesting way to look at it.
     
  2. MojoMan

    MojoMan Member

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    President Obama threatens House Democrats who vote against the Senate health care bill:

    [RQUOTER]Barack Obama threatens to withdraw support from wavering Democrats
    Barack Obama has said he will not campaign for any Democratic congressmen who fails to support health care reform.

    The president will refuse to make fund-raising visits during November elections to any district whose representative has not backed the bill.

    A one-night presidential appearance can bring in hundreds of thousands of dollars in funds which would otherwise take months to accumulate through cold-calling by campaign volunteers.

    Mr Obama's threat came as the year-long debate over his signature domestic policy entered its final week.

    Mr Obama is personally telephoning congressmen who are still on the fence this week, in between several personal appearances devoted toward swinging public opinion.

    Yesterday he visited Strongsville, Ohio, home of cancer patient Natoma Canfield, who wrote to the president she gave up her health insurance after it rose to $8,500 (£5,600) a year. Mr Obama repeatedly has cited the letter he received from the self-employed cleaning worker to illustrate the urgency of reform.

    Though Congress has already ignored several deadlines set by the president, March 21 is being treated by all sides the final target date, at which time all options would have been exhausted. The president has postponed an overseas trip by three days to see reform through.

    ....(More at the Link)[/RQUOTER]

    This brings to mind the words "You are either with us, or you are against us." It sure does sound like President Obama is delivering just such an ultimatum to Congressional Democrats. I distinctly remember a certain someone being criticized relentlessly by the left for making this same sort of ultimatum. Will these same critics now be willing to apply the same standard to one of their own? Personally, I will believe it when I see it.
     
  3. mc mark

    mc mark Contributing Member

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    Bringing down the hammer Bush style! I like it!
     
  4. justtxyank

    justtxyank Contributing Member

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    Very impressive Barack. He'd been so weak on pushing this through I was starting to think Jesse Jackson really did pull off a snipjob.
     
  5. pgabriel

    pgabriel Educated Negro

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    dude, you're losing it. you're comparing obama trying to push his party to pass his signature legislation to what? I don't even know.

    take a deep breathe
     
  6. justtxyank

    justtxyank Contributing Member

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    How does Mojoman have two reputation bars in 800 or so posts when so few on this forum have actually expressed any agreement or respect for his opinions or the manner in which he presents them?
     
  7. pgabriel

    pgabriel Educated Negro

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    I actually don't think the guy is that bad, I was impressed with some arguments he made on financial deregulation. And i'm not into the whole, you're trader_jorge thing, I really wouldn't care if he was or not and I think he has handled ignoring it well.
     
    1 person likes this.
  8. MojoMan

    MojoMan Member

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    I will take that to mean that you are pleased to see Barack Obama using George W. Bush as a role model.

    Which he appears to have done around a number of different issues since he has become President.
     
  9. mc mark

    mc mark Contributing Member

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    You would be making an erroneous assumption.

    But I do like the fact that he is demanding some discipline from fellow democrats
     
  10. OddsOn

    OddsOn Contributing Member

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    Democrats scared to vote...

    House may try to pass Senate health-care bill without voting on it

    After laying the groundwork for a decisive vote this week on the Senate's health-care bill, House Speaker Nancy Pelosi suggested Monday that she might attempt to pass the measure without having members vote on it.

    Instead, Pelosi (D-Calif.) would rely on a procedural sleight of hand: The House would vote on a more popular package of fixes to the Senate bill; under the House rule for that vote, passage would signify that lawmakers "deem" the health-care bill to be passed.

    The tactic -- known as a "self-executing rule" or a "deem and pass" -- has been commonly used, although never to pass legislation as momentous as the $875 billion health-care bill. It is one of three options that Pelosi said she is considering for a late-week House vote, but she added that she prefers it because it would politically protect lawmakers who are reluctant to publicly support the measure.

    "It's more insider and process-oriented than most people want to know," the speaker said in a roundtable discussion with bloggers Monday. "But I like it," she said, "because people don't have to vote on the Senate bill."

    Republicans quickly condemned the strategy, framing it as an effort to avoid responsibility for passing the legislation, and some suggested that Pelosi's plan would be unconstitutional.

    "It's very painful and troubling to see the gymnastics through which they are going to avoid accountability," Rep. David Dreier (Calif.), the senior Republican on the House Rules Committee, told reporters. "And I hope very much that, at the end of the day, that if we are going to have a vote, we will have a clean up-or-down vote that will allow the American people to see who is supporting this Senate bill and who is not supporting this Senate bill."

    House leaders have worked for days to round up support for the legislation, but the Senate measure has drawn fierce opposition from a broad spectrum of members. Antiabortion Democrats say it would permit federal funding for abortion, liberals oppose its tax on high-cost insurance plans, and Republicans say the measure overreaches and is too expensive.

    Some senior lawmakers have acknowledged in recent days that Democrats lack the votes for passage. Pelosi, however, predicted Monday that she would deliver.

    "When we have a bill, then we will let you know about the votes. But when we bring the bill to the floor, we will have the votes," she told reporters.

    Pelosi said Monday that House Democrats have yet to decide how to approach the vote. But she added that any strategy involving a separate vote on the Senate bill "isn't too popular," and aides said the leadership is likely to bow to the wishes of its rank and file.

    As Pelosi and other congressional leaders pressed wavering lawmakers, President Obama highlighted how close the result may be as he focused his attention Monday on Rep. Dennis Kucinich (D-Ohio), who has been a stalwart no vote on health-care reform.

    Kucinich, an uncompromising liberal, has rejected any measure without a government-run insurance plan. Obama invited Kucinich to join him aboard Air Force One for a trip to suburban Cleveland, where the president made a plea for reform, the third such pitch in eight days.

    As he addressed a crowd of more than 1,400, Obama repeatedly called on lawmakers to summon the "courage to pass the far-reaching package." He painted the existing insurance system as a nightmare for millions of American who cannot afford quality coverage.

    The president lashed out at Republican critics who have argued that the health-care initiative would undermine Medicare, and he argued that the measure would end "the worst practices" of insurance companies.

    "I don't know about the politics, but I know what's the right thing to do," he said, nearly shouting as the crowd cheered. "And so I'm calling on Congress to pass these reforms -- and I'm going to sign them into law. I want some courage. I want us to do the right thing."

    Asked whether he was reconsidering his position, Kucinich demurred. But Sen. Sherrod Brown (D-Ohio) said Kucinich is coming under intense pressure from Ohioans who want Congress to act, and from his colleagues in Washington.

    "All of us -- the governor, the congressional delegation, the president -- are making clear to Dennis that we won't have another chance for a decade if this doesn't happen," Brown said.

    Persuading liberals such as Kucinich to support the Senate bill is critical to the Democratic strategy, which has been rewritten since January, when Democrats lost their supermajority in the Senate. The Senate Democratic caucus, reduced to 59 seats, lost its ability to override Republican filibusters and soon abandoned plans to pass a revised version of the health-care bill that would reflect a compromise with House leaders.

    As House leaders looked for a path that could get the Senate legislation through the chamber and onto Obama's desk, conservatives warned that Pelosi's use of deem-and-pass in this way would run afoul of the Constitution. They pointed to a 1998 Supreme Court ruling that said each house of Congress must approve the exact same text of a bill before it can become law. A self-executing rule sidesteps that requirement, former federal appellate judge Michael McConnell argued in a Wall Street Journal op-ed.

    Democrats were also struggling Monday to put the finishing touches on the package of fixes. Under reconciliation rules, it is protected from filibusters and could pass the Senate with only 50 votes, but can include only provisions that would affect the budget.

    Democratic leaders learned over the weekend that they may not be able to include a number of favored items, including some Republican proposals to stem fraud in federal health-care programs and a plan to weaken a new board that would be empowered to cut Medicare payments.

    Rep. Chris Van Hollen (Md.), the Democratic leader tasked with protecting politically vulnerable incumbents, said Republicans would twist the nature of the health-care vote, no matter how the leadership proceeds. He defended the deem-and-pass strategy as a way "to make it clear we're amending the Senate bill."

    Without that approach, Van Hollen warned, "people are going to try to create the impression that the Senate bill is the final product, and it's not."

    Undecided Democrats appeared unconcerned by the flap. Rep. Bart Gordon (D-Tenn.), a retiring lawmaker who opposed the original House bill and is undecided on the new package, mocked Republican criticism of the process. Ultimately, he said, voters will hold lawmakers responsible for any changes in law.

    "I don't think anybody's going to say that we didn't vote for the bill," he said.
     
  11. mc mark

    mc mark Contributing Member

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    maybe you should go back and read some of the previous posts?


    jesus you guys are desperate
     
  12. mc mark

    mc mark Contributing Member

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    oh boys...


    Hypocrisy: A Parliamentary Procedure

    By Norman J. Ornstein

    Any veteran observer of Congress is used to the rampant hypocrisy over the use of parliamentary procedures that shifts totally from one side to the other as a majority moves to minority status, and vice versa. But I can’t recall a level of feigned indignation nearly as great as what we are seeing now from congressional Republicans and their acolytes at the Wall Street Journal, and on blogs, talk radio, and cable news. It reached a ridiculous level of misinformation and disinformation over the use of reconciliation, and now threatens to top that level over the projected use of a self-executing rule by House Speaker Nancy Pelosi. In the last Congress that Republicans controlled, from 2005 to 2006, Rules Committee Chairman David Dreier used the self-executing rule more than 35 times, and was no stranger to the concept of “deem and pass.” That strategy, then decried by the House Democrats who are now using it, and now being called unconstitutional by WSJ editorialists, was defended by House Republicans in court (and upheld). Dreier used it for a $40 billion deficit reduction package so that his fellow GOPers could avoid an embarrassing vote on immigration. I don’t like self-executing rules by either party—I prefer the “regular order”—so I am not going to say this is a great idea by the Democrats. But even so—is there no shame anymore?

    --------\
    and that crying about this being unconstitutional?

    this little nugget.

    The arms race of rules

    The conservative case against "Deem and Pass" is getting very complex, very fast. Yesterday, the argument was that it was flatly unconstitutional. But it turns out that Republicans used Deem and Pass dozens of times while they were in power. So today's furor is that Nancy Pelosi and Louise Slaughter joined Public Citizen in a lawsuit arguing that a bill that George W. Bush signed was invalid because Deem and Pass is unconstitutional. But the court ruled against Public Citizen, Pelosi and Slaughter. Deem and Pass, well, passed.

    -----
     
  13. mc mark

    mc mark Contributing Member

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    And now comes rumors that Dennis the Menace is gonna break for the bill tomorrow.
     
  14. MojoMan

    MojoMan Member

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    The "Deemed Passed" trial balloon currently being floated by the Democrats is too clever by half. One reason that the Democrats should not use this approach is because of the shaky legal footing it is on. In fact, this approach would open the entire bill up to legal challenges, and the bill could be ruled unconstitutional because of the use of this procedure. Here is an article discussing the possibility of the entire health care bill being overturned by the Supreme Court if this procedure is used:

    [RQUOTER]‘Slaughter Solution’ could face legal challenge

    The so-called “Slaughter solution” for enacting health care reform without a conventional House vote on an identically worded Senate bill would be vulnerable to credible constitutional challenge, experts say.

    No lawyer interviewed by POLITICO thought the constitutionality of the “deem and pass” approach being considered by House Democrats was an open-and-shut case either way. But most agreed that it could raise constitutional issues sufficiently credible that the Supreme Court might get interested, as it has in the past.

    “If I were advising somebody," on whether deem and pass would run into constitutional trouble, "I would say to them, ‘Don’t do it,’” said Alan Morrison, a professor at the George Washington University Law School who has litigated similar issues before the Supreme Court on behalf of the watchdog organization Public Citizen. “What does ‘deem’ mean? In class I always say it means ‘let's pretend.’ 'Deems' means it's not true.”

    Any challenge likely would be based on two Supreme Court rulings, one in 1983 and the other in 1998, in which the court held that there is only one way to enact a law under the Constitution: it must be passed by both houses of Congress and signed by the president.

    In the more recent of the two rulings, a 1998 decision striking down the line-item veto, the court specifically said that the bills approved by both houses must contain the “the same text.” Rep. Louise Slaughter (D-N.Y.), for whom the procedure under consideration by House Democrats is now named, and Speaker Nancy Pelosi (D-Calif.) filed amicus briefs arguing for the result the court reached in the line-item veto case.

    In the case of health care reform, the “Slaughter solution” would employ a “deem and pass” or “self-executing” procedure whereby the House would craft a rule deeming the Senate bill enacted, without a direct vote, for which members could pay a steep political price.

    The Senate bill and its text would not come before the House in the ordinary way for an up-or-down vote but would be passed indirectly. While this procedure has been used before, the Supreme Court has said in past cases that repetition of an unconstitutional process does not make it constitutional.

    “You run the risk that it could be declared unconstitutional. ... If both houses vote on the substance of everything, then I'm not troubled. But if it looks like the House is never going to vote on the Senate bill, that’s very troubling. I wouldn’t want to stake the entire bill on that,” said Morrison, who authored the brief challenging the line-item veto signed by Slaughter and Pelosi.

    "Any process that we follow will first be carefully vetted by the House Parliamentarian and consistent with the precedent and past practices of the House," said a spokesman for the Rules Committee.

    "And just as importantly, if we do pursue a plan where the rule includes self-executing language, it should not surprise Republicans - who themselves have eagerly used that process many times in the past."

    The constitutional questions about the process intensified Monday thanks to a Wall Street Journal op-ed by former U.S. appeals court judge Michael McConnell, now a professor at Stanford Law School and a senior fellow at the Hoover Institution.

    ....(More at the Link)[/RQUOTER]

    Whether the bill would absolutely be overturned, nobody can say for certain. But if this approach is used to advance the bill, the bill will certainly be challenged in court for the reasons discussed in the article above. Assuming that the Supreme Court takes the case, the fate of this bill will be determined by the court.

    [​IMG]
     
  15. roxstarz

    roxstarz Member

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    If this doesn't pass because the democrats are worried about their seats at the end of the year, and are afraid of passing something that's a big risk than they don't deserve to be in office. Also that big "Risk" could turn out very good, kind of like how we traded tmac. ;)
     
  16. mc mark

    mc mark Contributing Member

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    can......you.....not......read........?
     
  17. mc mark

    mc mark Contributing Member

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  18. rhadamanthus

    rhadamanthus Contributing Member

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    It's not what I wanted, but it's better than sitting around any longer watching republicans **** over america for the sake of a few lunatics' votes.
     
  19. MojoMan

    MojoMan Member

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    [​IMG]
     
    1 person likes this.
  20. B-Bob

    B-Bob "94-year-old self-described dreamer"

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    I actually enjoyed that comic!

    But you missed a question that was intended for you, courtesy mcmark:

    "So Jorge (sic) < edit, Mojmanimo > are senate republicans now willing to have an up or down vote on the original bill? ... They've been threatening the filibuster from the beginning and now they insist on a vote. "
     

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