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 ...
“IMHO all who vote yes for this unconstitutional bill should be tried for treason!”
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You’d have to have people in the institutions of power that actually respected the USC first. 11/2010 first. Perhaps the SCOTUS first...we’ll see.
Gov Butch Otter of Idaho was hosting 670 KBOI afternoon show today in place of Nate Shelmann.
Last call I heard before getting home Gov Otter was going on a rant and listing the multitude of ways the Health Care bill was unconstitutional specifically focused on the deal Nebraska and some counties in Florida got.
I would imagine Idaho will join those 10 other States shortly.
PASS THE WORD: To tea partiers, 9/12 marchers, pro-lifers; defense of marriage, 2nd amendment, anti ObamaCare, anti-amnesty, anti cap/trade conservatives.
FREEPER STRATEGY: I called my US senators and it was an exercise in futility. Why won't Senators tell constituents the reasons why they couldn't get the same deals other lawmakers got for their states?
Put these comments in the form of a letter, add a copy of the following LAT article, and blastmail it to every newspaper editor, every TV station......and friendly lawmakers.
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LA Times | Jim Davenport / FR Posted by freespirited, 12/22/09
The top prosecutors in seven states are probing the constitutionality of a political deal that cut a funding break for Nebraska in order to pass a federal health care reform bill, South Carolina's attorney general said Tuesday. P> Attorney General Henry McMaster said he and his counterparts in Alabama, Colorado, Michigan, North Dakota, Texas and Washington state are jointly taking a look at the deal they've dubbed the "Nebraska compromise."
"The Nebraska compromise, which permanently exempts Nebraska from paying Medicaid costs that Texas and all other 49 states must pay, may violate the United States Constitution — as well as other provisions of federal law," Texas Attorney General Greg Abbott said... Nebraska wasn't alone in getting Medicaid breaks. Vermont, Louisiana and Massachusetts also got help with their programs.
Along with Texas, officials in Washington, Alabama, Colorado and Michigan confirmed they were working with McMaster.
North Dakota Attorney General Wayne Stenehjem said he wasn't sure what could be done while the federal legislation remained under debate. Officials in the other states did not immediately respond to a request for comment.
Meanwhile on Tuesday, Tennessee's Republican Senate Speaker Ron Ramsey called for his state's attorney general to investigate the deal. McMaster is encouraging a South Carolina citizen to step forward to sue to challenge the measure if it is signed into law. "We'll assist anyone to the extent that we're able," McMaster said. (Excerpt) Read more at latimes.com ...
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Stocking Stuffers: Payoffs, Kickbacks, Sweetheart Deals Abound in Gov’t Health Care | Republican leader | Dec. 22, 2009
EXCERPT Following are just some of the payoffs and kickbacks Sen. Reid is forcing taxpayers to foot the bill for so he can increase health care costs, raise taxes, cut seniors’ Medicare benefits, and put government bureaucrats in charge of medical decisions:
Sen. Mary Landrieu’s (D-LA) “Louisiana Purchase.” CBS News reports: “It started with Mary Landrieu. When reports surfaced she had been swayed with a $100 million Medicaid deal just for Louisiana, she bragged it was actually $300 million. The deal was so notorious, Republicans gave it a name. ‘We have new words in our lexicon, the Louisiana Purchase,’ Sen. John McCain said.”
Sen. Ben Nelson’s (D-NE) $100 Million “Cornhusker Kickback.” The Hill reports: “Nebraska will receive $100 million in assistance for its Medicaid program under provisions in the Senate's healthcare bill negotiated by Sen. Ben Nelson (D).”
Sens. Ben Nelson (D-NE) & Carl Levin’s (D-MI) Sweetheart Deal for Nebraska/Michigan Insurance Companies. Politico reports: “In addition to the Medicaid carve out, Sen. Ben Nelson (D-Neb.) negotiated an exemption from the insurance tax for non-profit insurers based in his state. The language was written in a way that only Mutual of Omaha Insurance Company, as well as Blue Cross Blue Shield nonprofit plans in Nebraska and Michigan, would qualify, according to a Democratic Senate aide.”
Sen. Chris Dodd (D-CT) Takes Credit for $100 Million Hospital Earmark. The Associated Press reports: “A $100 million item for construction of a university hospital was inserted in the Senate health care bill at the request of Sen. Christopher Dodd, D-Conn., who faces a difficult re-election campaign, his office said Sunday night.”
Sen. Roland Burris (D-IL) Inserts Provision for ACORN Funding. The Weekly Standard reports: “Senator Roland Burris is claiming credit for a provision in Harry Reid's ‘manager's amendment,’ unveiled Saturday morning, that could funnel money to ACORN through the health care bill.”
Sens. Patrick Leahy (D-VT) Secures $600 Million Medicaid Kickback. The Associated Press reports: “Sen. Patrick Leahy, D-Vt., negotiated $600 million in additional Medicaid benefits for his state over 10 years. He said Vermont is due the additional benefits because the state already has acted to expand Medicaid eligibility to the levels now contemplated by the federal government. Vermont would be unfairly penalized if other states are now being helped with that expansion, he said.”
Sen. Bernie Sanders (D-VT) Scores $10 Billion for Community Health Centers. The Associated Press reports: “Sen. Bernie Sanders, I-Vt., who was angered after a new government-run health plan was dropped from the legislation to win over moderates like Nelson and Landrieu, held out on backing the bill until Reid, D-Nev., agreed to a $10 billion increase in support for community health centers.”
Sen. Bill Nelson (D-FL) Negotiates Special Deal for Florida Medicare Advantage Recipients. The Associated Press reports: “Sen. Bill Nelson, D-Fla., pushed a provision he said will let about 800,000 Florida seniors enrolled in private Medicare Advantage plans keep their extra benefits. It also helps seniors in a handful of other states. Elsewhere, Medicare Advantage patients risk losing benefits because the private plans are a major target of planned cuts to Medicare.”
Sen. Max Baucus (D-MT) Scores Extra Medicare Benefits for Montana Residents. The Associated Press reports: “Sen. Max Baucus, D-Mont., chairman of the Finance Committee and a key architect of the legislation, put in a provision to help the 2,900 residents of Libby, Mont., many of whom have asbestos-related illnesses from a now-defunct mineral mine. Under Baucus' provision, which never mentions Libby by name, sickened residents could sign up for Medicare benefits.”
Sen. Tom Harkin (D-IA) Wins More Medicare Funding for Iowa Hospitals. The Wall Street Journal reports: “One change won by Sen. Tom Harkin (D., Iowa) would increase Medicare payments to medium-size hospitals, including eight in his state. Mr. Harkin said such ‘tweener’ hospitals are short-changed by the current system.”
Sens. Byron Dorgan (D-ND) & Kent Conrad (D-ND) Win Higher Medicare Payments for Rural Hospitals . The Washington Post reports: “The Senate health-care bill has been full of goodies handed out to buy/earn the vote of various senators. … Byron Dorgan and Kent Conrad’s higher Medicare payments to hospitals and doctors in the ‘frontier counties’ of Montana, North Dakota, South Dakota, Utah and Wyoming.”
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REPORT TAX FRAUD AND TAX LAW VIOLATIONS HERE
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Report fiduciary negligence and signing off on falsified official documents here:
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Even if the 60th vote was obtained illegally?
Yes, if the senate bill is modified in anyway 60 votes would be needed in the senate to open debate and close it (cloture). But a filibuster is not always used or needed. The minority always has the option to filibuster, which forces the majority to go through the 60 vote cloture machinations, but for some issues it's not needed. IIRC and to clarify.
With the wacko lefties in charge, we're seeing it more often as may be the case until after mid-terms.
I don't believe the founders envisioned primaries, but they brilliantly foresaw the big picture, didn't they?
It will only die if the public continues its outrage and opposition to the bill. Otherwise, the RATS can and will cut a deal. BO still wants this.
They’re trying to stir the pot to see if any Democrats stand up and say “What about me? My vote shouldn’t be taken for granted either.”
The new conservative government in Virginia (Governor, Attorney General, Sec of State) will probably join the ten also when it’s sworn into office in January.
I wonder if a citizen could claim they were harmed by it and ask SCOTUS to determine if the Kenyan is eligble. If he is not eligible then is the bill uneneforceable?
Soon after this turkey passed, Karl Rove was on Fox saying that Florida was getting 25 BILLION. Nobody else has picked this up, so I wonder?
Actually, they need 67 votes (two-thirds) to pass because hidden in this bill are rules changes for the Senate. But then again, these are Democrats we are talking about here. Rules are for the other guy.
Its all showboating and grandstanding. Thats all. WWF fake scripted BS. Now when we get a version out of the Conference Committee THEN we get the UFC reality show version. Thats when Real Blood will flow.
For now its like Rollerderby. Lots of Action going round and round in circles.
I heard Senator Sanders say you still need 60
So this "law" would exempt Florida workers from paying Medicare portion of Social Security withholding?
Every state should ask for the same thing, if not the GOP should make hay of the situation.
Ha,didn’t think of it that way. The whole rush thing was never about anything but getting it done before they didn’t have the votes. It was never about doing something good or correct but to capture more power for the federal government while they could.
States join to fight and nullify Federal Health Care legislation
How about some enterprising Freepers start designing the new red uniforms...?
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