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Déjà Vu? Abortion Contretempts Still Threaten Health Bill


Rep. Diana DeGette (D-CO)

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Several members of the Congressional Pro-Choice Caucus emerged--very unhappy--from a meeting with House Speaker Nancy Pelosi late Friday evening. The meeting lasted about half an hour, and most attendees were extremely tight-lipped when they left. But the gist is this: Pelosi is still trying to figure out how to assuage pro-life Democrats, who want the health care bill to contain tighter restrictions on funding abortions, and pro-choice members do not like the options before them.

Pelosi is weighing her option with respect to the remaining pro-life holdouts--led by Rep. Bart Stupak (D-MI)--who are threatening to oppose the health care bill over its abortion language. One of the options floated a few weeks ago would've given Stupak et al a vote on a stand-alone piece of abortion legislation.

But that's not enough for Stupak--who knows as well as anybody that the Senate can't round up 60 votes for any abortion legislation, pro or anti. He's been pushing for a vote on something different, and much more obscure: what's known as an enrollment corrections bill. The details are complicated, but basically, it's a rarely used procedural technique that would allow the House and Senate to amend the Senate bill after it's passed both houses, but before it's signed into law. Stupak says it only requires 51 votes in the Senate. He also implied that passage of health care reform could be made contingent on the adoption of new, stricter abortion language.

Pelosi's gambit may be to give Stupak his vote to get him on board, all the while knowing it won't pass the House or the Senate. But that's a risk pro-choice members aren't prepared to see their leadership take.

No decisions have been made, but pro-choice Rep. Diana DeGette (D-CO) still insists that there are more than enough pro-choice members opposed to Stupak's abortion language to kill the bill if Stupak gets his way--and that, she says, will be Stupak's cross to bear.

Earlier this week, he signaled to The Hill that he didn't really want to kill the bill.

"You know, maybe for me that's the best: I stay true to my principles and beliefs," he said, "vote no on this bill and then it passes anyways. Maybe for me is the best thing to do."

But he didn't relent.

It's unclear how many pro-life votes Stupak controls, but seemingly enough that Pelosi isn't willing to flick him aside.

Comments (54) | Join the Conversation!

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March 19, 2010 8:11 PM   

I don't think you need Stupak. It sounds like if you peel off two his members he loses. Skelton and Rahall are chairs. Do you really think they are going to vote no?

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March 19, 2010 8:18 PM    in reply to ben_nelsons_hair

Well, they voted "NO" last time, if I could remember correctly.

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March 19, 2010 8:23 PM    in reply to lester

And next session's chairs are decided by election not seniority. You think they are going to vote no? Don't think so.

Also, look at what Rahall has said to the local papers. I bet if you offer him a face saving bill to be voted on later on, he's a go.

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March 20, 2010 2:53 AM    in reply to ben_nelsons_hair

You know what I love most about this whole health care escapade? Blog commenters who have come out of the woodwork who seemingly believe they know more about the vote situation than the Speaker of the House. Obviously Ike Skelton and Nick Rahall are going to vote yes. How do I know? Because some douchebag says so in a blog comment. The fact that Nancy Pelosi is negotiating with the Stupak bloc, a maneuver that by all accounts has pissed off the pr-murd... I mean Pro-Choice Caucus, who have now threatened a revolt? Why she is just doing that for fun. She actually doesn't need Bart Stupak or his bloc anymore.

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March 19, 2010 9:16 PM    in reply to ben_nelsons_hair

Ike Skelton is not going to change his vote over a chairmanship. He has already stated unequivocally he is voting no.

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March 19, 2010 8:20 PM   

I think at this point they're offering face saving options that will not change the bill to get the hold outs on board and insure passage.

Pro-Choice members need to go to Pelosi and leadership and say -- No movement or 60+ will bolt.

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March 20, 2010 2:17 AM    in reply to Walter Mitty

I suspect a lot of this is a about saving face.

Stupak has painted himself into a corner. If he's exceptionally capable, he'll figure out a way to vote yes. If he's not, he deserves a well funded primary challenge, November be damned. If you're going to vote against the party leadership, you should at least be discrete: the base should penalize those who organize opposition to one of their central planks.

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March 20, 2010 3:24 AM    in reply to Measure for Measure

He is not graceful enough to do it on his own. Nancy may (with rules hawks like Louise Slaughter) find him an out, deserved or not. But there's no way a guy who insults 59k nuns finds a graceful exit on his own.

I think if he STFU the people he claims to control - which I suspect, like McCarthy's list, is a lot shorter than advertised - would fall into line.

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March 19, 2010 8:23 PM   

I HATE THIS MAN SOME ONE CHECK HIS DAMB TAX RETUNS. TALK TO EXINTERNS SOMETHING PLEASE.

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March 19, 2010 8:27 PM   

While I'm no parliamentarian, some quick research does suggest that an enrollment corrections concurrent resolution may only avoid a filibuster in the Senate if the changes are purely technical (i.e., fixing a typo, as was actually the case in Public Citizen v. Clerk). If the changes are substantive, it can be debated, which means it would take 60 votes in the Senate.

See, for instance, "Enrollment of Legislation: Relevant Congressional Procedures", Congressional Research Service, May 7, 2008, available at http://congressnow.gallerywatch.com/docs/Enrollment_CRS.pdf (citing Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure, 101st Cong., 2nd sess.,
S. Doc. 101-28 (Washington: GPO, 1992), pg 826).

In the House, a concurrent resolution directing changes in enrollment is not privileged and, while typically considered by unanimous consent, may also be taken up according to the provisions of a special rule or under suspension of the rules. In the Senate, a House concurrent resolution to make changes is privileged, though if the change is substantive, it has been held that unanimous consent is required for its consideration; a Senate concurrent resolution to make changes is privileged in the Senate only if the changes are technical in nature. A Senate concurrent resolution making substantive changes would not be privileged and, if any Senator objected to its consideration, would need to be referred to committee or go over under the rule.

See also, Gold, Martin, Senate Procedure and Practice 130 (2nd ed. 2008), available at http://books.google.com/books?id=R5PorsjIfOgC&pg=PA130 .

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March 19, 2010 8:39 PM    in reply to AnonymousCoward

Someone misled Bart. I think you are right. Bart thought he won with the "enrollment correction." Bart needs to learn how to read better.

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rj

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March 20, 2010 1:17 AM    in reply to ben_nelsons_hair

Damn right Bart needs to learn how to read better; he needs to swallow his pride and admit he's been misreading the Senate bill's abortion provision, which doesn't do what he's been swearing it does. It's absolutely, explicitly, painfully in keeping with the Hyde Amendment. Clearly he's either been duped by his fellow Family housemate, the GOPer Pitts, about what it says and is too stupid to make it out himself, or he's a lying sack of crap who just wants to sneak us back into the Wonderful World of Wire Hangers. He needs to be called on this already.

And Brian, please stop calling these people pro-life: who the f*ck isn't "pro-life"? It's part of the same propaganda effort that gave us "pro-family." Personally, I'd call them anti-women's-health, but you can simply label them anti-abortion.

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rj

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March 20, 2010 1:55 AM    in reply to rj

Oops, edit: meant anti-abortion-rights (you can personally oppose abortion, but realize you have no right to impose your religious views on others). If The Hill can use the label (and they do), TPM certainly can. Language perversion been one of the right's most effective tools; enough already.

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March 20, 2010 5:59 AM    in reply to rj

I agree with your point and more I think your anti-abortion-rights is just the perfect turn of phrassing.
I herby second the motion. Can we have a third?

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March 20, 2010 10:00 AM    in reply to fpie

1/3

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March 20, 2010 10:53 AM    in reply to rj

I would re-label both sides of the argument as pro- and anti-privacy. Privacy is what Roe v. Wade was based on, and privacy is what it's about.

Privacy: "the state of being free from intrusion or disturbance in one's private life or affairs".

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March 19, 2010 10:07 PM    in reply to AnonymousCoward

You are correct.

Unless Biden were to preside and alter Senate precedent by fiat, a enrollment corrections concurrent resolution would not be useful for Stupak.

It'd be entirely within Biden's Constitutional powers to do so, but that doesn't make it an advisable political strategy.

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March 20, 2010 12:30 AM    in reply to Icon

Actually it is an interesting strategy. Give Stupak his vote, have Biden make the ruling. And then use that as precedent to have Biden make rulings to get rid of the filibuster entirely. And then blame the pro-birth folks.

But, no, it is a bad strategy, just an amusing one.

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March 20, 2010 2:35 AM    in reply to matts2

Wasn't it the Dark Lord, Dick Cheney, who pointed out that his only Constitutional role was President of the Senate?

Bout time some VP took the Constitution seriously and took charge of the Senate. Just sayin'

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March 20, 2010 3:28 AM    in reply to matts2

Yeah, the parliamentarian basically said he's got no say if Biden says otherwise, so if Joe wanted to he could create mass chaos. I don't think he will, but it'd be fascinating to watch.

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March 19, 2010 8:30 PM   

Another one of Brian's "sky is falling" posts. *yawn*

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March 19, 2010 8:31 PM   

It's "contretemps," not "contretempts."

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March 19, 2010 8:31 PM   

thank god hopefully the previous vomments true. I'm seriously considering sleeping until the vote sunday.

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March 19, 2010 8:50 PM   

Can we just call them what they are? Pro-Birth. NOT Pro-Life.
They don't give a rat's patootie about the kid once its born, or, for example, the pro-birth Republican governor of Arizona wouldn't have just eliminated CHIP coverage for 45000 children so the wealthy in that state don't get their taxes raised.

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March 19, 2010 9:18 PM    in reply to Cal Damage

And your evidence they don't care about children once they are born is what again? Opposition to an inefficient government program, which you are probably misreporting on anyway? Sorry, that ain't cutting it. YOu are another in a long line of idiots who somehow think it is more compassionate to kill a child in the womb. Nothing says I care like snuffing out the person's life.

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March 19, 2010 9:47 PM    in reply to masanf

And your evidence they don't care about children once they are born is what again?

How about the fact that these supposedly "pro-life" jackasses are willing to let PEOPLE - real living, breathing PEOPLE - die by denying them insurance? That seems like pretty strong evidence.

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March 20, 2010 2:31 AM    in reply to masanf

Uh, I think what he just said? That they cut services for kid AFTER birth?

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March 20, 2010 3:39 AM    in reply to masanf

Not a person, a collection of cells incapable of viability in over 98% of cases (and in the other 2% almost always a threat to the health of the mother).

Most people who claim to be against abortion do not support the sort of social network and adoption streamlining measures necessary to ensure that neither mother nor child are doomed to poverty by virtue of pregnancy. That is shown by the support of Republicans for not only cutting every government effort in this regard but the dismal record of "pro-life" organizations in supporting anything beyond pregancy and delivery. Generally the GOP supports ridiculous inefficiencies in the current adoption regime, including but not limited to barring homosexuals from adoption for no good reason.

You promise to pay for pre-natal care for every pregnancy, support for women who became pregnant despite intending to avoid it (including cases of rape, incest or failed birth control), change hearts and minds so that an unplanned pregnancy isn't a blot on a woman's character/life, make sure no man is an abusive monster who should never be allowed to reproduce/be a father, find a way to ensure adoption of every child into a loving, supportive home and otherwise assure that such children aren't condemned to maltreatment for life and I'll be willing to start talking about rolling back abortion rights. Otherwise STFU about anyone's uterus other than your own.

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March 19, 2010 9:08 PM   

If you take out the leaners, there is 10 unknown votes out there and for HCR to pass they'd need eight of the ten.

Stupak's block has 11 "no" votes, so that shows you why they're still being negotiated with. I'd call their bluff - but I think Pelosi will cave, as she did for the first House vote.

I'd love to have enough votes so you could tell Stupak and his block to go fornicate with themselves, but needing eight out of ten is a tough lift if you go without Stupak and his cabal.

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March 19, 2010 9:13 PM    in reply to Walter Mitty

Current reporting has Stupak with much much fewer than 11 compatriots.

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March 19, 2010 9:17 PM    in reply to Walter Mitty

Stupak doesn't have a block. I think you might be the only person on earth who hasn't figured that out yet.

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March 20, 2010 3:56 AM    in reply to FreeRider

The GOP is sure acting like he does, although I agree his list seems to be as overblown as McCarthy's list of Communist sympathizers.

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AJM

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March 19, 2010 9:29 PM   

Call his bluff. If he kills the bill, the anti-abortion forces the credit for pulling the plug on medical insurance for 30 million Americans and credit for the resulting deaths.

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March 19, 2010 10:43 PM    in reply to SocialJusticeForAll

Looks like they are going to have to cut a deal with the hijackers

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AJM

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March 19, 2010 10:50 PM   

Agreed. Stupak is proving that anti-abortion forces are willing to see thousands of born Americans die rather than have women able to buy insurance for abortions with their own money inside the exchanges. Just how many abortions do you think that such a prohibition would stop? He pridefully wants to claim to protect fetuses and ignores the consequence of his method fighting for that will cost the lives of thousands of his fellow Americans. If he goes through with this, it is clear that he values his own moral purity far more than he does the lives of his fellow Americans.

By the way, do you post on any other issue than abortion? Looking at your past posts I would conclude not.

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March 19, 2010 11:29 PM   

Stupak claims to have found a procedural method by which substantive changes can be made to a bill that has already passed both the House and the Senate, but has not yet been reconciled in conference. It only takes 51 votes in the Senate.

The best part is that it has none of the annoying technical limitations of reconciliation. Stupak should have mentioned this to the leadership back in January. It would have saved everybody a lot of trouble.

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rj

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March 20, 2010 1:24 AM    in reply to philogratis

Read Anonymous' comment above @8:27pm (confirmed by someone else farther down) -- apparently the method won't work for a substantive change, only for things literally at the level of a typo.

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March 20, 2010 2:41 AM    in reply to rj

So what? If appeases him NOW and does NOT work in the Senate, so much the better. If Nancy can promise him that the sky will turn red the morning in honor of all the aborted babies the day after he votes on the bill, fine.

If God changes His mind, SHTUPak can't complain. Except to the Sky Pilot.

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March 20, 2010 2:56 AM    in reply to rj

And yet another situation where a blog commenter supposedly has more knowledge than the parliamentarian with whom Bart Stupak has obviously been in contact.

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March 20, 2010 3:54 AM    in reply to masanf

What basis do you have for thinking the Senate Parliamentarian (who would be the relevant authority) would issue a binding position to a member of the House? He won't even issue rulings to Reid in advance, but I'm just sure he'll go out of his way to reassure a member of the House. More likely an aide was assigned to find something out and depending on the quality of the aide the research may be complete crap.

By the way, a number of the commenters here are more educated on the details of parliamentary procedure than Stupak, having served as staff support in Congress (the folks who actually do this crap on a regular basis, as opposed to members who have to be spoonfed what to say on the floor on a regular basis). You'd do well to stop heaping scorn so readily on people with more experience than you.

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March 20, 2010 9:01 AM    in reply to masanf

Did you miss who wrote the book I was citing?

(citing Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure, 101st Cong., 2nd sess., S. Doc. 101-28 (Washington: GPO, 1992), pg 826).

That'd be the Senate Parliamentarian.

Also, at the risk of citing FireDogLake:

I asked Sarah Binder, a parliamentary expert and a professor at George Washington University, about all this. She doesn’t quite think it’s possible. Specifically, she says that “any enrollment corrections resolution considered to be more than a technical correction would need unanimous consent (in the Senate) to be adopted.” Failing that, it could possibly run through a cloture vote, basically 60 votes in the Senate. But if it’s inside the reconciliation process, then one Senator merely can challenge the language of one line of the bill and get the concurrent resolution ordered out of the sidecar.

http://news.firedoglake.com/2010/03/19/the-stupak-amendment-is-back-whats-an-enrollment-corrections-bill/

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March 20, 2010 3:04 AM   

"But that's a risk pro-choice members aren't prepared to see their leadership take."

Please. Both chambers could pass the Stupak amendment right now and Diane "lard ass" De Gette wouldn't utter a fucking peep in protest. She will jettison all of her principles and forget all of her promises just like every other so-called "progressive" has(or pretty much every Democrat that has switched a vote or complained about the bill has) in order to give Obama a "win"(the first "win" in recent memory that will guarantee a whole bunch of Dems lose come November). If it comes down to Stupak, and all indications are that it probably will (Pelosi wouldn't be bargaining with him the day before the vote otherwise), she won't vote no, and everyone knows it. Spineless people like her and Raul Grijalva and Dennis "I slammed this bill as terrible two days before I switched my vote" Kucinich and Luis Guiterriez and the entirety of the Progressive "we won't vote for the bill if it doesn't have a public option, we promise" Caucus can only cave so many times before people quit taking their threats seriously.

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March 20, 2010 3:48 AM    in reply to masanf

There really is nothing a Dem could do that you'd ever like, is there? Other than roll over and take it from the GOP for another 6-8 years, I guess.

All of a sudden you - who have claimed all along the Dems have no right to seek any reform - are concerned with the principles of the liberal wing of the Democratice party? Really? Even if you were serious (and I know you aren't), it is an absurd thing to attack someone charged with legislating with abandoning their principles when they strike a compromise. Principles are wonderful things, but no one can live by them as absolutes, much less run a government by them. Seriously - name me a government of absolute principles, and you will be naming an absolute failure.

But really, you simply exist to go on sites whose editorial slant you disagree with to in turn vent venom and hate, so you couldn't have any appreciation for the art of compromise that is necessary for success in life or politics. Our founding fathers knew what to do with folks like you - let you rant in your little corner, then ignore you when the time comes for striking deals and getting things done. Notice how little input folks like Patrick Henry, for all his eloquence about liberty or death, had on the actual Constitution. There's a lesson there - and in the fact that in the end, Henry accepted a sacrifice of absolute liberty for well-ordered government without suicide or execution.

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March 20, 2010 4:29 AM    in reply to calbearinillinois

Masanf is a teabagging troll.

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March 20, 2010 11:11 AM    in reply to FreeRider

Truth hurts?

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March 20, 2010 5:04 AM   

The Republicans had 6 plus years to do something about
abortion, they had the White house, the Senate, the House
and the Supreme court and they did nothing because they
need this issue to stay on the stove and move it to the
front burner when it's to their advantage.. Republicans
will never, never, change this law. Corporation "free
Speech" was changed by Mr Roberts court, but not abortion,
wake up Democrats they use this as their favorite wedge along
with the NRA (No Real Answers)

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March 20, 2010 5:12 AM   

The Republicans had 6 plus years to do something about
abortion, they had the White house, the Senate, the House
and the Supreme court and they did nothing because they
need this issue to stay on the stove and move it to the
front burner when it's to their advantage.. Republicans
will never, never, change this law. Corporation "free
Speech" was changed by Mr Roberts court, but not abortion,
wake up Democrats they use this as their favorite wedge along
with the NRA (No Real Answers)

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March 20, 2010 1:49 PM   

Stupak KNOWS the Bill does not fund abortion. He wants further restrictions. He is in bed with his "C" Street buddies and if this Bill goes down, he is fine with that. If Pelosi caves to him she can can write off much of the progressive base that was essential in the '08 election. Women in this country are paying more attention to this healthcare Bill than any other group and women are the most disappointed in Obama and the Democrats capitulation on this Bill. It could have been SO MUCH BETTER.

I think what we are seeing in the country right now among the pro-lifers is their last ditch effort. With the non-prescription morning after pill and the evolution of drug induced abortion with a confirmed pregnancy, abotion is going to become almost a completely confidential private matter in most cases. As actual surgical procedures become more rare, the ability to make this a major issue is going to fade. Self-rightous control zealots like Stupak will loose their issue. For crying out loud, the Catholic Hospitals, The Nuns and even other enities of the Catholic have publicly endorsed this Bill as it stands. He is not defending a principal. He is on a POLITICAL CRUSADE FOR "C" Steet.

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June 6, 2010 9:32 AM   

If you take out the leaners, there is 10 unknown votes out there and for HCR to pass they'd need eight of the ten.

Stupak's block has 11 "no" votes, so that shows you why they're still being negotiated with. I'd call their bluff - but I think Pelosi will cave, as she did for the first House vote.

I'd love to have enough votes so you could tell Stupak and his block to go fornicate with themselves, but needing eight out of ten is a tough lift if you go without Stupak and his cabal.

m65 kamagra

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August 22, 2010 11:31 AM   

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