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10 Red States Now Questioning Nelson Deal
New York Times ^ | December 23, 2009 | Katharine Q. Seeleye

Posted on 12/23/2009 12:13:54 PM PST by reaganaut1

At least 10 states are now raising questions about the legality of the deal that Senator Ben Nelson, a Democrat, cut for his home state of Nebraska during the health care negotiations.

Under the agreement, which is on the verge of being approved Thursday by the Senate, Nebraska is permanently exempt from paying for its expansion of Medicaid, shoving that cost onto taxpayers in every other state.

Mr. Nelson was able to exercise such leverage because in exchange, he was providing the magical 60th vote that Democrats needed to advance their health care bill.

The deal has enraged other Senators, especially those from red states, whose Republican Senators didn’t bring home any pork at all because they were not part of the negotiations with Democratic leaders. Several other Democratic Senators did get concessions for their states, but no deal has hit the nerve struck by Mr. Nelson’s.

Attorneys general in at least 10 states held a conference call late Tuesday to consider how they might challenge the deal, which they call federally subsidized vote-buying.

Some say it is certainly unfair and may be unconstitutional.

Troy King, the attorney general in Alabama, told MSNBC on Wednesday that the Constitution was not written to allow “the subsidization of a backroom deal.”

The Constitution, he said, was written to protect citizens from arbitrary and capricious decisions by Congress, not “for Congress to force Alabama to subsidize vote-buying.”

...

Could the growing backlash threaten passage of the health care bill? Mr. Nelson has said that he would vote for the bill only if nothing in it were changed. That makes it seem unlikely that Democratic leaders would try to undo the bill before the Thursday vote because doing so could threaten final passage.

(Excerpt) Read more at prescriptions.blogs.nytimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Front Page News; Government; Politics/Elections; US: Nebraska
KEYWORDS: 10thamendment; 111th; bhohealthcare; bribery; bribes; corruption; graft; nebraskacompromise; nebraskamedicaid; nelson; obama; obamacare; sale; senate; sovereignty; vote
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To: Fishtalk

“If they throw out Nelson’s ammendment I’m pretty sure Landreau’s will be out the door.”
__________________________________________________________

AND also the deal that Sanders got for Vermont and Dodd got for Connecticut.


101 posted on 12/23/2009 2:23:38 PM PST by TMA62 (TMA62)
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To: mwl8787

Okay.

So the 60 thing is to shut off debate, or cloture. A majority is required to pass the bill and it’s not considered “nuclear”. If they’d shut off debate with 51 votes, that would have been Nuclear. If I understand you right....and this makes sense.

So Reid did get his cloture vote tonight, now he can go with 51 to pass it out of the senate.

After the recess it will go to conference and another cloture vote will be needed, 60, to shut off debate on the result from the conference committee, even if there is nothing from the conference.

You assert, and I think you’re right, that this cloture today was Harry’s high water mark; that beyond today is danger stuff.

So right now, here and on this public forum, I am going to make a prediction. I will justify my prediction as best I can and for sure arguments against are welcome.

Do NOT, I repeat, do NOT, bet money on my prediction. I’ve been wrong before although not all that often, insert wink here. But this health care vote has surprised me to no end with the ridiculousness of it, the audactiy of the politicos. Yeah, I know they’re rats but even so...

So I read from the Politico.com a casual, ho-hum, drop the word, that the health care bill might not be ready in time for the SOTU. But Obama, so the Politico with its direct line to the White House, states, really doesn’t care. The House, ho-hum, is likely to pass the senate bill like it is so Obama, ever more concerned about America and Americans, is content to move along and not seek glory in his very first SOTU.

Bullshit.

Please do not delete me. But no other word will do.

I predict that after the holidays this bill is going to die. It’s entirely too fragile. Americans, God love ‘em, have notorious short attention spans. But even now, with the holidays upon us, Americans have been paying attention to all this. We might not have been out doing Tea Parties in the snow, but try as they could to pass this in mid of night, it just hasn’t worked.

Obama’s ratings keep dropping, dropping.

That Ben Nelson, Landreau, outright bribes is not going to sit well with the American people and I watched that liar Claire McCaskill try to defend this on Fox this morning and I was amused watching her squirm. Then there’s that bit about not having any future congress change the thing. Finally, the abortion thing ain’t going to go down easily.

Americans are fair and just people. They’re not going to take it lightly that Florida senior gets to keep Medicare Advantage when us peons in Delaware gotta give it up. They’re sure not going to like Chris Dodd’s new hospital...that lying Chris Dodd whose about to go down in flames for God’s sake!

Americans are not going to like any notion that, boom, you can just put language in legislation that would effectively tie up any future generation. We are just not that stupid. That had to be a Rahm Emmanuel thing, so dumb.

Americans know you can use birth control and there’s no reason for us to go financing abortions. An abortion only costs about $600 bucks at a Planned Parenthood clinic, dear Lord, are there no limits? Cut off Medicare Advantage to a senior from Delaware but let Janie Slut use the public health plan for birth control?

I think it’s going down. Those guys are going home and they’re going to get an earful. Even in all our busyness this holiday season, Americans have been paying attention to all this.

Just need somebody to take Obama in a quiet padded room and tell him he’s got to forego his grand and magnificent SOTU of his dreams where he announced the formation of a public health care plan that will kill those needing killing, will care for our voters, will be for free and make the public beholding to us.

All with columns and fireworks and grand oratory, of course.

It’s my story and I’m sticking to it.


102 posted on 12/23/2009 2:25:21 PM PST by Fishtalk
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To: reaganaut1

More than being unfair....Those involved should be on there way to prison.


103 posted on 12/23/2009 2:34:35 PM PST by Revel
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To: Fishtalk
let's take these one at a time

So the 60 thing is to shut off debate, or cloture. A majority is required to pass the bill and it’s not considered “nuclear”.

Yes. Reid just minutes ago secured his final 60 cloture vote to shut off debate. The 8 am vote tomorrow morning is for final passage, which means the RATS need only 51 votes. It will be interesting to see if any RATS jump ship. Nelson can't and Landrieu can"t... would make their prostitution look even worse. Webb is a possibility.

If they’d shut off debate with 51 votes, that would have been Nuclear.

Essentially, yes. The "nuclear" option, which would only require 51 votes, is by means of the budget reconciliation process. We don't need to go there -- at least for now.

After the recess it will go to conference and another cloture vote will be needed, 60, to shut off debate on the result from the conference committee,

Yes, absolutely, 60 will be required to end debate on what is called a "conference report." This is the important point that most people are missing: another cloture vote is required in the Senate on the confrence report. In the House, only a simple majority is needed to pass the conference report. In the Senate, Reid must secure 60 to shut off debate to the conference report. If he gets his cloture, then the Senate would consider final passage, which requires 51 to pass (simple majority)- and this includes a 50-50 tie, because Biden would obviously vote yes to break the tie.

even if there is nothing from the conference.

There is no vote or further debate if the conference is unsuccessful --- no votes are needed. The bill dies.

You assert, and I think you’re right, that this cloture today was Harry’s high water mark; that beyond today is danger stuff.

Yes, we hope. Here is the immediate danger: the Administration wants the House to simply take the Senate bill and pass it with a simple majority. In that scenario, the game would be over, because the Senate would never again have to deal with the bill. Fortunately, Pelosi has said no and it appears that the House is insisting on a conference. Stay tuned and pray that a conference is required to satisfy House members.

104 posted on 12/23/2009 2:44:46 PM PST by mwl8787
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To: reaganaut1

Demscum are always thinking of new ways of offending the taxpayer.


105 posted on 12/23/2009 2:45:12 PM PST by South40 ("Islam has a long tradition of tolerance." ~Hussein Obama, June 4, 2009, Cairo, Egypt)
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To: reaganaut1

There is no integrity in this Congress. They have proven themselves to be a gang of thieves and whores.


106 posted on 12/23/2009 2:49:17 PM PST by BAW (million - billion - trillion - broke.)
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To: April Lexington
Nothing wrong with Nebraska or its people. Its it's scumbag politicians that put it in danger...

I've wondered how or why the upstanding citizens of Nebraska voted for this scumbag.

Seriously.

107 posted on 12/23/2009 2:53:38 PM PST by Ole Okie
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To: mwl8787

I thank you so very much for all the clarification. And I understand that this rule about cloture versus simple majority vote works across the board so I consider myself educated and nuanced on the matter.

I hear you about the House and the conference but the White House today, via Politico put out that it would seem that the House is inclined to pass the senate version of the bill, something I think is a lie. This silly falsehood was used to justify the bill not being ready for Obama to crow about at the SOTU...that Obama wasn’t worried, that the House is going to rubberstamp the senate bill, that he would just emphasize creating jobs in his SOTU and the health care bill will likely be rubberstamped by the House in February.

I read, via my longish screed above somewhere, this to mean that the WH is covering the best in case health care dies...a “it’s no big deal” kind of thing. Heh.

Like you, I think the conference will be filled with rancor. Stupak doesn’t like the abortion thing and the last number I heard about 40 other Dems are against it. The Dems have a majority in the House but that thing just barely squeaked by last vote. The LA Vietnam guy’s supposed to be a real Repub this time and we’re supposed to believe that this what squeaked by last vote will sally forth fluidly WITH an abortion provision in the bill?

All this after those goes go home and get their ears filled over the holidays?

I stand by my assertion that it dies. At best, there might be some thing passed like no denial of health care for prior conditions, which will raise the cost of premiums but that’s it...at best.


108 posted on 12/23/2009 3:18:05 PM PST by Fishtalk
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To: Fishtalk

I see a thread has been posted about the new February date I’ve been commenting about.

http://www.freerepublic.com/focus/f-news/2414086/posts


109 posted on 12/23/2009 3:24:28 PM PST by Fishtalk
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To: Sans-Culotte
At least it would be nice to see that Nelson sold out for squat.

Whether he got anything at all, his vote was never in doubt, that is reality, he could are less about abortion.

110 posted on 12/23/2009 3:31:00 PM PST by itsahoot (Each generation takes to excess, what the previous generation accepted in moderation.)
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To: henkster

So obvious that you have to figure he knew that in advance.
Could he or anyone really expect there would be a free pass for one state?
I have to think not and thus the amendment will be stripped but gave him the cover to vote yes in the interim and move the bill along.


111 posted on 12/23/2009 3:31:59 PM PST by wiggen (Never in the history of our great country have the people had less representation than they do today)
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To: mwl8787

The house can remove all the payoffs? Making passage more difficult back in the senate? Is this then a dance of idiots?


112 posted on 12/23/2009 3:37:55 PM PST by wiggen (Never in the history of our great country have the people had less representation than they do today)
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To: ExTxMarine

I did ont know about Medina. I like what I read about her. I’m going to send her $$$ since I would not give a penny to the two other pukes Perry and Hutchinson.


113 posted on 12/23/2009 3:40:20 PM PST by isthisnickcool (GIVE ME YOUR MONEY B***!! - President Obama)
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To: Fishtalk

Feb makes it real difficult now doesn’t it? Primaries in May only 3 months beyond? Start of campaign season? Where are their votes then,when the public is turning their eyes towards the mid terms?


114 posted on 12/23/2009 3:41:26 PM PST by wiggen (Never in the history of our great country have the people had less representation than they do today)
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To: reaganaut1

Do these Republican want to KILL THE BILL or just get a better deal for their states?


115 posted on 12/23/2009 3:48:47 PM PST by teletech (Say NO to RINOS!)
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To: massmike

this bill should be in court right now being challenged .

We have Jennings shoving homosexual porn on kids, and then open bribery with our money.

I know deals are struck but the way the Dem leadership has gone about this is disgusting and surely has to be illegal.


116 posted on 12/23/2009 3:50:04 PM PST by manc (Marriage is between a man and a woman, end of. -end racism end affirmative action)
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To: My Favorite Headache
Well it is how the NY Times views this country now..blue and red.

Typical of the NY Slimes to forget WHITE.

Can’t WAIT for the civil war. How quick it will be!

I seriously anticipate that if there IS a civil war, it will quickly escalate to rogue nukes.

And will end with gulags and mass executions of leftists.

Pack your potassium iodide.

Cheers!

117 posted on 12/23/2009 4:07:09 PM PST by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: Ole Okie
I've wondered how or why the upstanding citizens of Nebraska voted for this scumbag.

Probably because no one ran against him, and it takes upwards of several million dollars to take on a contested race.

118 posted on 12/23/2009 4:10:46 PM PST by itsahoot (Each generation takes to excess, what the previous generation accepted in moderation.)
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To: Charles Martel

**The Senate is voting now on whether this violates the 10th amendment.

—If this weren’t leading to what will likely be very unpleasant circumstances, it would be laughable.
+++++++++++++++

I think the State of Oklahoma’s motions today regarding the 10th Amendment prove this is no laughing matter.


119 posted on 12/23/2009 4:16:38 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: itsahoot
**I've wondered how or why the upstanding citizens of Nebraska voted for this scumbag.

--Probably because no one ran against him, and it takes upwards of several million dollars to take on a contested race.
++++++++++

Which is why the NRSC has such influence...argh - we need to get ourselves off this little Habitrail!


120 posted on 12/23/2009 4:22:58 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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