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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: MNDude

I’m sure he knows it’ll be knocked down in the Supreme Court, but he’ll brag he got it put in for NE anyhow.
+++++++++++++++++++

If he did that, it would be truly idiotic. He’ll do it.


21 posted on 12/23/2009 12:23:15 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: NEMDF

[Yep, even Nelson can vote “no” now and try to salvage himself with enraged Nebraskans.]

Nelson is done. He will never be re-elected. If this provision is taken out and then then changes his vote to no, he will not only look corrupt but incompetent and foolish. People will not forget that he is the one who moved this bill on for final passage.


22 posted on 12/23/2009 12:23:34 PM PST by KansasGirl
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To: Common Sense 101

In the perverted minds of the liberal socialists, “some states are more equal than others.”
+++++++++++++++++++

It’s the “more equal” doctrine...lol...


23 posted on 12/23/2009 12:24:01 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: saganite

I wonder if it would be possible to ask Supreme Court to look at this immediately (just like they looked at 2000 FL election chaos immediately).

It would be nice if Supreme Court, in an emergency session, declared this unconstitutional (naturally, by 5-4 margin). At least that might allow Nelson to back down and oppose the deal and save the country.

Anyway, given the tactical and strategic competence of GOP, there is zero chance of GOP pushing that option. (Dems would certainly do that, if not for other reason then at least to make it as uncomfortable to the other party as possible).


24 posted on 12/23/2009 12:24:16 PM PST by heiss (True Conservatives came from Senate Centrist Coalition!)
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To: postoak
But, that would be dishonorable.

(The irony of which Senator Nelson will be able to contemplate in his retirement)

25 posted on 12/23/2009 12:24:27 PM PST by Mr. Lucky
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To: Sir Gawain

It doesn’t matter if it is unconstitutional anymore. “Our” congress is sort of “Christmas/Easter” constitutionalists. They only bring it out for show, and then just do whatever the h#11 they want.


26 posted on 12/23/2009 12:24:34 PM PST by CherylBower (R.I.P. U.S Constitution :()
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To: Political Junkie Too
Yea, that's Kay Bailey H. who is likely just doing what she is doing in between not being elected Gov. of Texas.

Yuk! Yuk! We have two choices for Gov. in Texas. Rick Perry who sucks sucks and Kay who sucks sucks sucks. The choice is between a t*rd sandwich and a d*uche bag....

27 posted on 12/23/2009 12:24:37 PM PST by isthisnickcool (GIVE ME YOUR MONEY B***!! - President Obama)
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To: reaganaut1

Nebraska

Average Listing Price: $148,323
Average Days On Market: 222
Active Listings: 11,841
Median Listing Price: $103,950
Average Sale Price: $155,312
Average Estimate: $153,363

http://www.realtor.com/homevalues/#NEXHASHlat=41.43449030894921&lon=-99.613037109375&zoom=8

1,464 foreclosures
see realtytrac.com for details


28 posted on 12/23/2009 12:25:10 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah."Our middle regiment, Gloria Patri, Filio et Spirito Sancto.)
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To: reaganaut1; rrstar96; AuH2ORepublican; livius; adorno; wtc911; Willie Green; CGVet58; Clemenza; ...
Wait until they hear that none of these new taxes and rules apply to Puerto Rico or the other territories (as far as we've been able to determine).

Puerto Rico Ping! Please Freepmail me if you want on or off the list.


29 posted on 12/23/2009 12:26:24 PM PST by cll (I am the warrant and the sanction)
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To: reaganaut1

They should also be questioning the other Nelson deal. Nelson of Florida.


30 posted on 12/23/2009 12:26:26 PM PST by savedbygrace (You are only leading if someone follows. Otherwise, you just wandered off... [Smokin' Joe])
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To: postoak

They only need 51 senators to pass it now.
+++++++++++++

If you’re talking about the nuclear option, they’d really have to change this bill to do that. Then it may not make the stupid SOTU deadline...and it may not work...but they may try it anyhow...wouldn’t put ANYTHING past these criminals/traitors.

Where, oh where are people that love our Constitution...it’s do or DIE time...it’s coming down to that.


31 posted on 12/23/2009 12:26:44 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: postoak

After the bill comes out of conference, they still need 60 votes to close debate.


32 posted on 12/23/2009 12:26:48 PM PST by johncocktoasten (Practicing asymetrical thread warfare against anti-Palin Trolls)
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To: Herodes

Maybe the SCOTUS will get a chance to rule on this. It would be nice if they finally decided to reign in the power of the feds, and go back to original intent/states rights. Not holding my breath, but maybe the majority would realize how far down the slippery slope we’ve gone and realize Venezuela may be in our future.


33 posted on 12/23/2009 12:26:55 PM PST by TStro
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To: isthisnickcool

Debra Medina is a my choice.


34 posted on 12/23/2009 12:27:02 PM PST by harwood (Ann Coulter: Future SCOTUS nominee!)
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To: reaganaut1

Big payoffs to senators on health bill stoke public anger

http://www.freerepublic.com/focus/f-news/2413698/posts

“we’re comin’ and we’re bringin hell with us”.


35 posted on 12/23/2009 12:27:12 PM PST by WOBBLY BOB (ACORN:American Corruption for Obama Right Now)
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To: postoak
They only need 51 senators to pass it now.

I didn't realize we were that close to falling off the cliff. I thought it was still 60. This is so depressing.

36 posted on 12/23/2009 12:27:18 PM PST by jersey117
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To: Political Junkie Too
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.

37 posted on 12/23/2009 12:27:23 PM PST by Charles Martel ("Endeavor to persevere...")
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To: reaganaut1

IMHO all who vote yes for this unconstitutional bill should be tried for treason!


38 posted on 12/23/2009 12:29:06 PM PST by chris_bdba
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To: BenLurkin

Well it is how the NY Times views this country now..blue and red.

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


39 posted on 12/23/2009 12:29:06 PM PST by My Favorite Headache
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To: reaganaut1

Maybe we can get some teeth back in the 10th amendment??


40 posted on 12/23/2009 12:29:15 PM PST by dajeeps
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