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 didnt 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. Nelsons.
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 ...
Nothing wrong with Nebraska or its people. Its it's scumbag politicians that put it in danger...
Yeah but, at least they got to watch it on C-SPAN, right? I mean, sure, I was stuck at work every day but, Mr. Obama said this would all happen out in the open, on C-SPAN. That's just the sort of change we voted for.</sarcasm>
Yes. But it sure makes the Dems look slimy to the average Joe. But the Constitution will eventually prevail over the mandates.
As I understand it, the 60 votes are needed to end debate. Once debate is ended, a simple majority can pass the bill.
That's correct. It's not about the unlimited scope of federal power. It's about the unequal distribution of that unlimited power.
“The bill would be considered null and void, providing his quid pro quo were held illegal.”
The whole bill or just that provision?
Dear Senator Nelson:
Here's a quote from the press: "Nelson said on the floor that there is still plenty of time for other states to get the same deal that Nebraska is getting before theyre hit with the Medicaid costs."
Don't you see that if all 50 states were to do this --- whoosh! --- there goes the bill's whole rationale?
This bill was supposed to be "defecit neutral."
The whole prospect of of "saving money" and "avoiding bankruptcy" was based on off-loading costs onto states and individuals: "unfunded state mandates" in expanding Medicaid, and a legal compulsory mandate for everybody to purchase private insurance.
Without "externalizing" the costs in this manner, the whole deal is clearly far more expensive than any of us can afford.
You need to vote NO.
Or get back to me on how we're all going to save money, because you're going to pay my insurance, and I'm going to pay yours.
We know his word means nothing!
I really think it is time for a few states to tender plans to secede. If they were contiguous, all the better. Other than Florida York, I think the entire south would leave. Anyone upset by this could return north whence they came.
Yes, this bill is crammed full of similar "special deals" for some factions. Did the unions get an exemption on the "cadillac health plans" yet? This bill still has to go through conference.
You know if this bill stands Nebraska will have a lot of “residents” all of the sudden.
I know military members can “live” there while not having a home there.
Restating the ‘in a sane world’ comment, the whole bill.
My reasoning is that he said he couldn’t support the whole bill without this.
When he said that, he set the parameters.
The is a futile exercise, I admit.
The Dims are not that smart to have planned this all out. I doubt Nelson was willing to look like a corrupt, ignorant boob in front of the entire nation. The only thing bigger than a Dim Senator’s appetite for pork is his/her ego. Now he is the poster child for Democrat corruption and if we are lucky, his name will become a noun!
The first civil war started in part with the Missouri Compromise and subsequent “Compromises”. Just goes to show that we should never compromise on our principles....
Maybe the “Nebraska Compromise” will be the first bit on tinder in the tinder box of CW2?
Next Senate round - after conference — will require 60 votes to secure cloture.
Bob Schrum says “brokering legislation” is the American way. Well let’s show him the American way of VOTING OUT CROOKS who don’t represent their constituents in the US SENATE!!
Let’s try to find ways around all these scams the Rats have put in there. So if they allow unions to be exempt from the cadilac tax...how about big companies that have great health plans start a no fee workers union. This union will be paid from the company for the sole purpose to buy health insurance and negotiate for the workers the best health insurance based on what the company is willing to provide.
That is the sole purpose of this union. Heck I may appoint myself the Head Union Thug and sell this solution to companies wanting to save money on taxes. All the company has to do is tell employees if they don’t vote for proposed health care union then they will be forced to pass the cadilac tax onto each individual.
Of course my fee will be small compared to the taxes that would otherwise need to be paid.
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