Go to bottom of page for continuing updates.
9:03 PM EST: CSPAN says the final vote is expected about
9:30 10:30 PM EDT
This Bumped to top:
STUPAK KICKBACK: $726,409 for airports. Read it at The Lonely Conservative.
The Cypress Times at 5:39 CDT has this headline:
Contributions now pouring in for Stupak's Opponent
Daniel Benishek is running for congress against Bart Stupak. Since Stupak announced that the cut a deal with Barack Obama and will now support Health Care Reform, Benishek’s Facebook page has been on fire with well-wishes, and commitments of donations. Benishek [R] is pro-life, and as a surgeon knows a little about Health Care.
5:07 PM CDT: Stop the ACLU points out that the Reconciliation bill cannot be voted on before the Senate bill is signed into law. You can see what happened below at the 3:22 PM EDT mark:
...basically it is saying reconciliation can’t be considered under House rules and to do so is to violate those rules which would result in a point of order where it could possibly be completely killed. It is important because of certain posturing of vulnerable Democrats. They have stated their vote of yes is dependent on certain fixes in reconciliation. Without this assurance they could possible feel too insecure to vote yes.In the Stop the ACLU post is this comment from Ace of Spades:
So, I think, the attempt to divert SS payments into this bill is illegal (and of course it’s a gimmick in the first place to get a better CBO number, once again double-counting a revenue source) and so thereconciliation will fail.BREAKING: 6:12 PM EDT: On the rules violation mentioned above, it refers to a violation of Congressional Budget Act 310g of 1974 page 975, which reads as follows:
Sec. 310(g) LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT. -- Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304, or a joint resolution pursuant to section 258C of the Balanced Budget and emergency Deficit Control Act of 1985, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act.So, I think the most important thing here, although there a couple of warning flags, is the last two lines..."old-age, survivors, and disability insurance program... More as available.
From The Hill:
"Republicans say that a provision in the reconciliation packages raises Social Security revenue, thereby violating rules regulating the reconciliation process."Rep. John Boehner (R-OH) said that changing Social Security in the Reconciliation legislation, will prevent the Senate from considering the Reconciliation.
Go to bottom of page for continuing updates, as they happen.
3:15 PM EDT: Politico is saying the White House and Rep. Bart Stupak has an agreement that will allow Stupak and his coalition to vote for the health care bill. Notice below that Republicans have made it clear that a presidential executive order cannot override law.
The White House and anti-abortion Democrats have reached an agreement to diffuse the controversy over abortion in the health reform bill...planning a series of steps....Under the agreement, President Barack Obama would sign an executive order ensuring that no federal funding will go to pay for abortion under the health reform plans.Go to The Lonely Conservative to see the video from last year of Stupak saying that if there is no protection against public funding abortion, he will vote for health care. He has been lying all along.
UPDATE 4:52 PM EDT: TEXT OF EXECUTIVE ORDER
2:15 PM EDT: Rep. Paul Ryan (R-WI) was just on the floor of the House with a motion to stop the legislation because the mandates are illegal.
PAUL RYAN: Fiscal consequences of the bill - horrific consequences. Calls the claims that the bill will reduce the deficit, the oldest trick in Washington - maneuvering the data. He is talking about the double-counting in Medicare.
250,000 jobs for 5 years to get back to 5% unemployment. Points out the new taxes on families, labor, small business - a tidal wave of red ink of debt. The debt will be crushing to our economy. The tax rate on his children, when they reach 40 years old, will be 63% on the middle-class, without adding this new unfunded entitlement on top of that.
The arrogant idea that Washington knows best, can organize and manage 1/6 of our economy and our health care. The Treasure 2009 Financial Report - the only to get it undercontrol, is if the Government deeply rations health care. The bill says we will no longer trust the will and decisions of patients and doctors. Government knows best. Government will have to ration health care.
2:25 PM EDT: Patrick Kennedy is on the floor quoting and evoking his father, Ted Kennedy. Health care is not only a civil right, it is a moral right.
2:27 PM EDT: Still no word on Stupak or his coalition of 8. Still no word on an Executive Order from Obama, which will allow Stupak to vote 'yea.'
2:30 PM EDT: An onslaught of letters from Democrat constituents.
RYAN: We should be governing by the will of the governed. We have asked you to work on the uninsured, pre-existing conditions, the deficit. You have said no. One party rule.
Here's my own story. My mother-in-law is 5 years into Stage 3 ovarian cancer. Her meds are keeping her alive. If she was British, she would not have the drug that is saving her life. It is a fiscal Frankenstein.
Ryan calls for a Procedural vote Point of Order on the unfunded mandate.
2:20 PM EDT: FROM THE HILL: Bob Cusack: Democrats don't appear to have the votes unless a deal is truck with Stupak.
2:43 PM EDT: While the vote is on-going Rep. Devin Nunes (R-CA), in a CSPAN interview, says he does not believe they yet have the votes.
Nunes says there are 20,000 people at the Capitol protesting. Asked about Rep. Lewis claiming Tea Partiers called him "ni**er, Nunes said while it is not appropriate, they have the right and when you have a tyrannical government, we have to expect this. I LIKE THIS GUY.
2:50 PM EDT: Procedural vote still ongoing.
Another article by Bob Cusack on The Hill, says Democrat Rep. Gene Taylor (D-Miss) has advised those voting 'no' to do so early, and leave the floor immediately, because if they stick around they will be treated "like a pinata."
3:02 PM EDT: Ryan's motion to reconsider is defeated.
ISSA(R-CA) brings up another clause that the resolution violates. Passed sweeping earmarks, but this legislation is filled with earmarks, not the least of which is the Louisiana purchase and the Bismark. He wants to stop the bill until the earmarks are removed. He charges that the earmarks are bribes.
The House is out of order. Gavel banging over and over.
ISSA: This legislation not based on promises and bribes to certain districts.
SLAUGHTER: The committee report includes an earmark comment, but a "technical error" in that statement yields itself to Issa's point of order. Slaughter wants everyone to ignore it.
ISSA: Flabbergasted. Does that mean that under the rule excludes the Gatoraid kickback, the Louisiana purchase, the Bismarck Bank - will be removed. Slaughter says the final bill will not have the earmarks included.
ISSA: goes on the record saying his information is that the bribes will go to the President for his signature.
FROM THE HILL - timed at 2:52 PM - Stupak is still a 'no' vote - awaiting an Executive Order.
3:14 PM EDT: Rep. Pope (R-TX) This bill is unconstitutional. We will sue. This bill has special deals for special folks.
DREIRER (R-CA): We are guaranteed that the Senate Bill will become public law. He has only 15 seconds. Slaughter eats his time: I did not hear. He repeats it. Slaughter tells him his time is expired.
TIAHRT (R-KS): is it true that if the actions to overcome the Cornhusker Kickback. Louisiana Purchase, etc., the special provisions in the Senate bill, as were assured by Slaughter, wouldn't that bill have to go back to the senate for further action?
CHAIR: will not answer and several times says he will not "interpret."
ISSA now asks if the House was Out of Order, as it was, and that is why Slaughter didn't hear, it was because the House was not in Order. Why would the clock continue running when the House was out of order and she could not hear.
The Chair says the The Republican who asked the question, with 15 seconds - and Slaughter didn't hear, didn't get his question asked in the 15 sec. allotted. Chair also said no one asked for a order of House not in Order.
3:22 PM EDT: Barbara Lee (D-CA) is getting face time.
SMITH (R-NJ) Bill will open the flood-gates for abortions. Health care plans allow federal dollars to pay for plans. We will all pay for abortions. Hyde amendment does not comply. Biggest increase in abortion funding ever.
SENSENBRENNER (R-WI): Executive Orders cannot override the clear intent of a statute. (rumored that Obama is signing an Executive Order to take abortion funding out of the bill)
ISSA Point of inquiry. Did I just hear a threat against a member of Congress. Are members being threatened.
THE CHAIR: cannot interpret.
THE HOUSE IS OUT OF ORDER. Issa for all members to cease conversations.
DREIRER (R-CA) Is it not true that the only thing we know is that the Senate bill will become public law. Are you passing the reconciliation bill...
SLAUGHTER: Yes the Senate bill will become law, along with the reconciliation bill.
DREIRER: I encourage everyone to read the rule - the Senate Bill and all the bribes becomes public law.
ISSA: Isn't it against the rules of the House to urge the Senate to take an action. It is now acceptable to lobby the Senate from the house floor?
CHAIR: Not necessarily.
SLAUGHTER: I did not address the Senate.
KINGSTON (R-GA) 3:35 PM CDT: Asks if the bill as good as you say it is, why are the bribes in the bill? $7.5 million to Hawaii, Montana more, $2 billion dollars to frontier states. NONE OF THESE DEALS COME OUT IN RECONCILIATION. House in an uproar.
TIAHRT: (R-KS): It was the impression given the members that the Reconciliation would take care of all the earmarks in the Senate bill, but there are earmarks in the Sentate bill that are not in the Reconc bill. Do the House rules apply or not.
CHAIR: Says the rules do apply.
TIAHRT tries to get the chair to clarify. THE CHAIR DOESN'T DO SO.
CHAIR call for house now consider the resolution.
TIAHRT calls for role call vote. 5 minutes for the vote ensuing.
4:00 PM EDT: Stupak is about to do a presser telling us that he caved. Rep. Gene Taylor, a confirmed 'no' vote, was not invited to joing Stupak in the press conference. Taylor is against on fiscal concerns. Taylor is on with Cavuto right now saying, anything done by executive order, can be undone by executive order.
STUPAK: Sanctity of life and the unborn - yada yada. We have an agreement with help of the President and the Speaker. There will be no public funding of abortion. We expect the Hyde amendment to prevail.
Apparently the Executive Order will be signed AFTER the legislation becomes law (I think he said).
Back on the House Floor: More disorder.
SLAUGHTER 4:10 EDT: Yesterday was the 45TH ANNIV of Bloody Sunday. Slaughter says Lewis was accosted by Tea Partiers - talked about Cleaver being spit-on. FRIENDs there is no proof of that - no vidoes, but there are video showing it a lie. See the lies here.
4:30 PM EDT: Rep. Alcee Hastings is talking about "morals."
SESSIONS (R-Tx) In Texas we have a Deceptive Trades law. That's what this bill is. It is not constitutional. The reimbursement to doctors is not in this bill. This is deceptive. He called Alcee Hastings a "radical."
COLE (R-OK) 4:43 PM EDT: Objects to the illegal, flawed and fiscally irresponsible.
LEE (R-NY) Western New Yorkers opposed to the bill.
BROUN (R-GA) 4:55 PM EDT: If you vote for this bill, you can never again say your anti-abortion or pro-life.
MACK (R-FL): Democrats believe in the power of government, not the power of the people. You may win today by arm-twisting and deception, but let's see who is still hear after the American people speak loud and clear in November.
5:00 PM EDT: Republicans lined up, and are asking to revise and extend their remarks in opposition to this flawed health care bill
One Republican inserted the number of pages in the bill when he asked for "unamimous consent to revise and extend remarks in opposition of this health care bill." The CHAIR admonished him and said any embellishments would be charged with the time.
LUNGREN (R-CA) Reminding that the executive order does not take precedence over the law.
BOCCIERI (D) 5:32 PM EDT: Talking about Natoma Canfield who is sick and in the hospital. Claims that the Cleveland Clinic was putting a lien on her house. All untrue. She also qualified for Medicaid.
DREIER 5:33 PM EDT: It is essential to recognize that every American has access to affordable health care insurance. He quotes Dennis Prager: the larger the government grows, the smaller the people become. $569 Billion in job-killing provisions. Calls for 18,000 new IRS agents to make sure the new mandates are carried out. We can work in a bipartisian way that will immediately, immediately reduce the cost of health insurance. Expanding health savings accounts will help create health care. Pooling brings down costs. If we allow for the purchase of health insurance across state lines, everyone will immediately have access to affordable health care insurance. We need meaningful tort reform. I urge you to vote 'no' on previous question and 'no' on the rule.
CHAIR 5:40 PM EDT: voting now on three things: one is a suspension of rules vote (not sure of the questions). There are two 15 minute votes and one 5 minutes vote underway.
6:07 PM EDT: Looks like things are about to get underway again. I'm working on the text in red at the beginning of this post about violating the Congressional Budget Act.
6:23 PM EDT: Still voting. Here's a laugh: on CSPAN "Jason" called in and said he supports the bill. The interviewer asked what kind of insurance he has. "Jason's" reply: "I'm a federal worker. I have government insurance!"
Vote over to approve rule to begin health care debate.
6:42 PM EDT: Steny Hoyer is comparing MLK and civil rights march to the Democrat's fight for unconstitutional health care.
Charles Krauthammer is on TV saying tonight America changes - tonight we have National Health Care. Tonight insurance companies become contractors of the government.
6:56 PM EDT: Hoyer still talking.
6:58 PM EDT: MORE Republicans asking for Unanimous consent to revise and
DEAL (R-GA) The problems with Socialism is that sooner or later you run out of other people's money. It appears that we have run out of money. Deal says he is retiring and will become the governor of Georgia - and he and his state will join other states to sue against this illegal and unconstitutional legislation.
STUPAK (D-MI) 6:20 PM EDT: Stupak asks Waxman for assurance that there will be no funding for abortions with his Executive Order from Obama.
SENSENBRENNER (R-WI): Says the Executive Order will not have the affect of law. It cannot change the law. Executive Orders are not his "power." Executive Orders are just a piece of paper.
ROGERS (R-MI) If this bill were so great, why the lying, the cheating, the deceptions. "You can keep your health care." Not true if you read the bill. Dirty deal, after dirty deal...it is a disgrace. America deserves better.
RANGEL 7:45 EDT: Have to tell everyone that although he has recently been disgraced and had to step down from his committee chairmanship - today he is very proud.
Nunes (R-CA): You are bringing the ghost of communist dictators into this house. Fed gove has absolute control over health care in America. That is what this debate is about. Democrats will today lay their socialist utopia on the backs of Americans. APPLAUSE!
8:10 EDT: House clerk is reviewing "comments of Rep. Pascrell (D-NJ) - says they were challenged as violating House decorum.
MISSED THE NAME 8:20 PM EDT: Republican saying if you think you will be able to keep your health care, Obama recently said "I think some of the provisions that got snuck in, might violate that.
8:47 PM EDT: I'm still tuned in.
8:55 PM EDT: CSPAN has some comments up randomly: "penalizes businesses without health care," adds insurance regulations, adds new taxes on investments, etc. Very interesting! In their own subtle way they are pointing out the egregious costs and loss of liberty involved in this legislation.
HENSARLING (R-TX): We will wake up to find that when a loved one becomes ill, he will have to wait weeks to see a mediocre family. I reject the hubris and arrogance of this social engineering.
LUMMIS(R-WY): Americans ask that we get our financial house in order, and this administration responds by doubling the debt in 5 years, and tripling it in 10. Military asks us to leave their insurance alone, but we place it in this health care bill.
RYAN( R-WI): Full of gimmicks and hidden mandates. Why are so many people swarming the Capitol today? Here we are debating whether the government should have an even bigger role in our health care. Future path of this country - major turning point in American history. This is what kind of country we are going to be in the 21st Century. America is an idea. It's the most pro-human idea ever designed by mankind. Our Founders got it right. Our rights come from Nature and Nature's God. Now you will ration these rights. Do we know believe that the government's goal is to balance the rights of the results of people's lives. We are fast approaching a tipping point where the people depending on government for their care will surpass those who don't. This is not sustainable. It is not who we are or who we should become.
CANTOR 9:45 PM EDT: Americans are appalled at this legislation.We hear you. We hear you loud and clear. We believe this government must stop spending money they do not have. You must not force those who fundamentally object to abortion, to fund it. We believe that families and patients should have the right to choose the doctors they want. This legislation will begin to take that right away. We are at a crossroads.
LUNGREN( R-CA): Is such a unaminous request in order under the Rules of the House. (missed what the request was.)
OBEY IS CHAIR: He would not clarify for Lungren and said it was not his job to do so.
BOEHNER: Today we should be standing together. Working to answer our country's call to confront rising health insurance. We should be looking with pride on this legislation and this work, but it is not so. Today we are looking at this bill who no one in this body thinks is adequate. We have failed to listen to America and to respect our constitutents. Look at this bill. Ask youself, do you really believe that if you want to keep your health care bill you can? LOUD RETORTS. GAVEL BANGS. Is this the time to burden every job creator in the land? Can you tell your senior citizens this will not limit their health care? No you cannot. It won't allow for taxpayer funded abortions? No you cannot not. Can you say this bill was written openly. HELL NO YOU HAVEN'T! Have you read the bill? HELL NO YOU HAVEN'T. Have you read the amendments? HELL NO YOU HAVEN'T. Have your read the Manager's amendment? HELL NO YOU HAVEN'T.
He now says you should have the courage to stand and announce your votes one at a time. Madam Speaker, will you grant my request? SILENCE. Will your Mr. Speaker grant my request that we have a call of the role?
CHAIR: Is that rhetorical?
CHAIR: The chair will decide at the time the vote is taken. This is not it.
BOEHNER: This is the People's House. The process is broken. The institution is broken. This is not what Americans want. Millions have asked us to slow down. In this time of recession, they want us to focus on jobs and lower taxes.
They see one party closing out another, rather than a National solution. This body moves forward without their will. Shame on us. Shame on this body who substitutes their desires on this Nation. Around this chamber, looking upon us are the law givers. From Moses to .....we break the ties to history today in this Chamber. If we pass this bill, there will be no turning back. It will be the last straw for the people. We are going to held to account by those who have given us their trust. I beg you. I beg each and everyone of you...do not strike at the heart of this nation. I ask each of you to never let this happen again. It's not to late to begin restoring the trust of the people. I'LL HAVE VIDEO WHEN AVAILABLE.
Hey friends, do you thing each member will stand and give his vote for all America to see? Nah!
PELOSI 10:15 PM EDT: She is thanking the minions, she says with "humility." Just think we will be joining those who established Social Security and Medicare. In doing so we will honor the vows of our Founders who said we are endowed by our Creator with certain inalieable rights....this is an American proposal that honors the traditions of our country. Praise for Obama.
She is going to save the taxpayer $1.3 Trillion. When it comes to health care for all Americans, politics is personal. It's personal for women. When we pass this bill, being a woman will no longer be a pre-existing medical condition. More stories. She saw a grown man cry. He was too embarassed to tell his children that he needed help. Scary - she's talking about fraud and waste.
Thanking those who "dazzled" her with their knowledge. Thanking Ted Kennedy - someone began to chant: Ted-dy, Ted-dy! Now she's reading a letter from him, left for after his death.
The legislation has over 200 Republican amendments. We have come to this historic moment. Today we will finish the great unfinished business of our society. Health insurance is a right and not a privilege. We fulfill the Founder's words, that everyone has the right to Life, Liberty and the pursuit of happiness.
Thankfully that's over.
CHAIR admonishes the gallery.
BOEHNER 10:30 PM: Vote on HR 3590, the Senate bill. I believe the roll call vote was approved. Needs 216 votes.
CHARLES KRAUTHAMMER: Cutting out a few minutes to listen in. Krauthammer says Pelosi has scored an amazing political story.
MAJOR GARRETT: President will not sign the bill until Tuesday or sometime later this week, because the Senate will begin the Reconciliation consideration. This is surprising. If the Senate does not accept the Reconciliation, will the President not sign the Bill? Why the wait?
CARL CAMERON: If Senate tinkers with Reconciliation bill, it has to go back to the House.
216th vote on HR 3590 came at 10:44 PM EDT - The House bill now becomes the law of the land after Obama signs it. 34 Democrats voted no. All House Republicans voted nay. The vote was 219 to 212.
Vote on Reconciliation Bill comes next: HR 4872
10:48: PM EDT: CHARLES KRAUTHAMMER just said he does not think this ever be repealed.
TOM DELAY is on with GERALDO and say he is "sickened." "Geraldo, you saw the ashes of the Constitution burning tonight."
CAMP is reading a motion to "Recommit." The very strict rules of the House waived the reading of all these motions, but...this one today does not protect the life of unborn children. Anything done by Executive Order, can be undone by Executive Order. It is the responsibility of this House to protect these children.
PITTS( R-MI): Massively pro-abortion. The facts remains. The Senate Bill achieves the opposite of current law. An Executive Order does not trump a statute. Saying the number of abortions will rise greatly. He is asking that the Stupak-Pitts motion be approved (restricts taxpayer funding of abortions.)
HOYER: The motion is inconsistent with Reconciliation. Republicans know the motion is not in Order.
SHAMELESS STUPAK THE LIAR: THE MOTION TO RECOMIT Purports to be a right to life amendment, but it is nothing more than an effort to deny 32 million americans health care. The motion does not promote life. It is Democrats who have set up the protection of life, because all life is precious. Dems guarantee that all life from the unborn child to the dying senior citizen is sacred.
Motion failed by voice vote. Repubs asked for the vote to be recorded.
11:06 PM EDT: MICHAEL STEELE IS ON WITH GERALDO RIGHT NOW, saying he will lead a movement to repeal the legislation, and he will do everything he can to fire Pelosi.
A Tweet from the Heritage Foundation says "what has happened today is intolerable."
GERALDO: Susan B. Anthony Defender of Life Award Candidate Fund has disinvited Bart Stupak to be honored by their organization this coming week.
DEMINT IS TWEETING: "I'll introduce a bill tis week to repeal this takeover." With all due respect, it will take far more than a piece of legislation this week. I don't know what to do, but will not do anything. Having said that, I love Jim DeMint.
GERALDO insists that federal funds cannot be use other than the life of the mother, rape or incest.
Steele is debunking.
Oh goody. Obama is planning to speak.
DEMINT TWEET: Sign the pledge to only support candidates that vote to repeal ObamaCare. http://www.repealitpledge.com/
CARL CAMERON: Three votes away until the fear of being unelected in November begins to grab Democrats.
11:30 PM EDT: Reconciliation bill is passed.
KRAUTHAMMER: The House will probably have to revote on this after the Senate finishes with it, which will probably happen. We are now on the path to Nationalized health care. Insurance companies become government utilities tomorrow. This will be a huge change to American life.
Good night all. I'm off to recover my sanity with a good night's sleep - well, with whatever sleep I can manage.
Linked by Memorandum - see what others are saying.