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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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1 posted on 12/23/2009 12:13:54 PM PST by reaganaut1
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To: reaganaut1

bookmark


2 posted on 12/23/2009 12:14:48 PM PST by massmike (...So this is what happens when OJ's jury elects the president....)
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To: reaganaut1

Even if the constitutionality of this provision in the bill it would only address Nelson’s bribe. The remainder of the bill would remain intact.


3 posted on 12/23/2009 12:16:32 PM PST by saganite (What happens to taglines? Is there a termination date?)
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To: reaganaut1
What an odd headline!
4 posted on 12/23/2009 12:17:23 PM PST by BenLurkin
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To: massmike

Mr Nelson has said a lot of things, none of which are to be believed.


5 posted on 12/23/2009 12:18:03 PM PST by learner
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To: reaganaut1

All the Dem leadership has to do is remove this provision from the bill in conference committee. They only need 51 senators to pass it now.


6 posted on 12/23/2009 12:18:25 PM PST by postoak
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To: saganite
Even if the constitutionality of this provision in the bill it would only address Nelson’s bribe. The remainder of the bill would remain intact.

At least it would be nice to see that Nelson sold out for squat.

7 posted on 12/23/2009 12:18:32 PM PST by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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To: saganite

I read a day or so ago about several states that were going to sue over this (bill and Nelson, I think).

Hopefully it would go straight to the USSC. Then, with it’s make-up now ... the decision is any body’s guess.


8 posted on 12/23/2009 12:19:17 PM PST by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: reaganaut1

Mr. Nelson was able to exercise such leverage because in exchange, he was providing the magical 60th vote
++++++++++++++++++

To the RAT mind, that’s ALL that matters. Not history, not the US Constitution, not the will of the American people.

RATS are sickeningly CORRUPT period.


9 posted on 12/23/2009 12:19:46 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: postoak

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


10 posted on 12/23/2009 12:20:09 PM PST by NEMDF
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To: reaganaut1

It’s past time we enforce the 10th Amendment and remind Congress just who created it.


11 posted on 12/23/2009 12:20:15 PM PST by Sir Gawain
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To: reaganaut1

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.
+++++++++++++++

Uh, so what mattered was the pork? Leave it to the New York Slimes...


12 posted on 12/23/2009 12:20:41 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: reaganaut1

Nelson you dumbass whore; they are going to take your 30 pieces of silver away from you and put abortion funding back in at conference committee. Then it will be too late for you to stop the bill and you will have nothing.


13 posted on 12/23/2009 12:20:52 PM PST by henkster (tagline under reconstruction)
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To: Sans-Culotte

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.


14 posted on 12/23/2009 12:21:10 PM PST by MNDude (The Republican Congress Economy--1995-2007)
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To: Sir Gawain
The Senate is voting now on whether this violates the 10th amendment.

-PJ

15 posted on 12/23/2009 12:21:34 PM PST by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: NEMDF

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

Too bad it won’t work. I think he’s GONE. Sellout - and with his talk about pro-life to boot...grrr...


16 posted on 12/23/2009 12:21:52 PM PST by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
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To: postoak

Just curious... why do they only need 51 votes NOW? i thought the nuclear option was for “budget” reasons....


17 posted on 12/23/2009 12:22:22 PM PST by mikelets456
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To: reaganaut1

There’s some blue ones that should too. Fools.


18 posted on 12/23/2009 12:22:29 PM PST by b4its2late (Before you can control a horse, you have to break it. Sound familiar?)
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To: MNDude

Nelson is a Democrat. He will vote the way is party dictates - regardless of the payoff.


19 posted on 12/23/2009 12:22:48 PM PST by Herodes
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To: massmike

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


20 posted on 12/23/2009 12:23:08 PM PST by Common Sense 101
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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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To: reaganaut1

This whole thing (not just the Nelson part) is a mess that is almost if not in fact of the proportion to which the term “crisis” could be applied.

So what’s going on in the background that this is covering up, that we don’t know about?


41 posted on 12/23/2009 12:31:42 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: reaganaut1

Washington state is a Red state?


42 posted on 12/23/2009 12:32:44 PM PST by OrioleFan (Republicans believe every day is the 4th of July, democrats believe every day is April 15)
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To: reaganaut1

Since his agreement will eventually be tossed out, it means Nelson was bribed... with nothing.

All they gave him was cover. He can claim he got something for Nebraska when in fact he got nothing. Its bad enough to sell out like Mary Landrieu did, but at least she got $300 billion for her vote. Nelson sold out for nothing.


43 posted on 12/23/2009 12:32:48 PM PST by marron
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To: reaganaut1

This is so spot on. Good for these brave people for speaking out against this outlandish and unconstitutional behavior.

Come on America, wake up. Vote these SOBs out


44 posted on 12/23/2009 12:33:03 PM PST by A_Former_Democrat
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To: jersey117
I didn't realize we were that close to falling off the cliff. I thought it was still 60. This is so depressing.

It is still 60, conference reports are subject to Senate rules of debate.

45 posted on 12/23/2009 12:33:33 PM PST by pburgh01
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To: reaganaut1

How about it’s against the law to bribe?


46 posted on 12/23/2009 12:33:50 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: marron
I heard on Rush today that Nelson maybe wavering..is this true? I can't believe he would be this wishy washy. But then again if it called for sacrificing a black baby in the Senate chamber I am sure Schuimer would wield the dagger, these guys never suprise me.
47 posted on 12/23/2009 12:36:47 PM PST by pburgh01
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To: reaganaut1

The deal has enraged other Senators,...

The other senators aren’t the only enraged Americans. One of these days, one of these Washington bozos is gonna catch something really hard upside the head. If push comes to shove, better be the shover, and not the shovee.


48 posted on 12/23/2009 12:38:14 PM PST by flowerplough ( Pennsylvania today - New New Jersey meets North West Virginia.)
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To: reaganaut1

Is it possible to get a Judicial Restraining Order on pending legislation?


49 posted on 12/23/2009 12:39:57 PM PST by Presbyterian Reporter
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To: isthisnickcool

[We have two choices for Gov. in Texas.]

I think you are remiss for not being honest here. We have at least four choices. T@urd sandwich (Perry), d@uche bag (K), eloquent spokesman (White) and Mr. I-am-not-a-Democrat Democrat (Mr. Chi)!

Sad, but I think I will order the t@rd sandwich!


50 posted on 12/23/2009 12:39:58 PM PST by ExTxMarine (Hey Congress: Go Conservative or Go Home!)
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