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Archive for February, 2010

Obama on Speaking Time Imbalance: “Because I’m the President”; UPDATE: Video Added

Thursday, February 25th, 2010

President Barack Obama Appears Bored as He Listens to Members of Congress Recite Scripted Speeches in the First Hour to Today's Health Care Summit

The health care summit between the Congressional GOP, President Obama and Democratic Congressional Leadership is off to an entertaining but generally unsubstantive start, with scripted speeches the norm and a few interesting interactions. Sadly, it appears that actual negotiations over a incremental centrist health care reform bill appears to be out of the question so far as all the Democrats are condemning any talk of an incremental approach while focusing on anecdotal examples of individuals who are without health care instead of the legislation under debate, despite stated agreements over the Medicare fraud sanctions database and enforcement (see #5 of OPINION piece) concept and the stated agreements about the need for substantial medical malpractice reform (see #2 of OPINION piece). At least for now, the Democrats, led by President Obama, are sticking to the “big bill” gameplan and we expect the remainder of the summit to proceed as the first hour did: scripted speeches and a few testy interactions but little substantive progress on a bipartisan deal.

One interesting testy interaction that just occurred was between President Obama and Senate Minority Leader Mitch McConnell (R-Ky.) over the issue of the time allotted to each party. McConnell noted that the GOP had received a fair amount less time than the Democrats so far, and the President agreed that there was a time imbalance and quipped that it is “because I’m the President” and his speaking time didn’t “count” toward the pledged equal division of time between parties. Politico reports on the exchange:

McConnell interrupted the discussion at Blair House Thursday, over an hour after it began, to note that Republicans had only spoken for 24 minutes compared with 52 minutes for the Democrats.

“I don’t think that’s quite right, but I’m just going back and forth here, Mitch,” Obama said. “I think we’re just trying to go back and forth, but that’s okay.”

A few moments later, Obama noted the session was running long and acknowledged – with an explanation – that Republicans hadn’t spoken for quite as long.

“You’re right that there’s an imbalance on the opening statements, because I’m the president,” Obama said. “I didn’t count my time in terms of dividing it evenly.”

Such quips from Obama are sure to rile the GOP, who considered the equal time pledge by the White House binding.

Another interesting talking point Obama continues to return to is the comparison of shoddy car insurance to what Obama claims is shoddy health insurance as sold now without the benefit of the federal regulations that Obamacare would impose. House Member Paul Ryan (R-Mi.) made the point that conservatives and moderates are rejecting the Obama Health Plan because of disapproval of the increased federal regulatory power and mandates that will be imposed if Obama’s comprehensive plan is passed. Obama used his car insurance analogy to respond to Ryan’s point, claiming that the federal health rules are necessary to stop shoddy health insurance from being sold. However, there are no federal car insurance regulations, such regulations are handled by state governments, as are regulations over health insurance policy terms as of today. Obama’s proposal envisions bringing another set of regulations over all health insurance policies on top of the current state health insurance regulations, in essence creating a federal insurance commissioner on top of the already-existing 50 state insurance commissioners.

UPDATE: Realclearpolitics posts the video clip of the McConnell-Obama exchange.

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OPINION: What America Needs: Centrist Health Care Reform

Thursday, February 25th, 2010

CentristNet Offers Its First Opinion Piece Regarding the Elements of Centrist Health Care Reform That President Barack Obama and Congressional Republicans Can Agree Upon at the Health Care Summit

As the hours count down to the beginning of the vaunted health care summit in Washington, in our opinion, there are many areas in which President Barack Obama and Congressional Republicans can agree to move forward with significant, yet incremental reforms to the American health care system.    Most, if not all on the left argue that only a comprehensive, federal government-centered health care plan, like Obama’s Health Plan as released Monday, can reduce the cost of health insurance, reduce the number of uninsured, improve patient outcomes and contain projected massive federal deficits from present health entitlement programs like Medicare and Medicaid.   Indeed, as President Obama and many Congressional Democrats repeatedly state, a comprehensive federal health care reform plan has been the ultimate goal of the left for many decades. Some, but not a majority on the right argue that there is no need for health care reform at this time. The views of the left and the right, as outlined above, are incorrect and an pivot from the present trajectory of health care debate towards centrist health care reform is the appropriate policy choice, as we will detail below.

As the developments this week make clear, with President Obama planning to use reconciliation to push through his left-leaning Obamacare and Congressional Republicans calling for a fresh start to the bill writing process on a blank piece of paper, the prospects for a bipartisan deal from tomorrow’s summit look slim.  The just-leaked smaller Obama plan, if the leak proves accurate, could run into similar troubles, as a key concern of many Americans is the increased federal bureaucracy envisioned by each of his plans. Indeed, the actual overall cost of the Obama Health Plan and the various arguably misleading claims made on Obamacare’s behalf have not inspired confidence in President Obama’s handling of health care, which fell to a mere 35% approval (and 55% disapproval) in the last CBS/NYT poll. Instead of giving into pressures from party ideologues on both sides, we hope that President Obama and Congressional Republicans put aside partisanship and the zero-sum calculus of political warfare to actually consider some centrist health care policies that can be quickly passed, this year, with bipartisan support.

Obama’s present strategy to use reconciliation to pass Obamacare through the Senate after passing the present Senate bill through the House of Representatives has no guarantee of success considering the present bills’ massive unpopularity with the American public and the reluctance of House Democrats to make a career-ending vote for Obamacare.   Further, a new entitlement passed without bipartisan support would be difficult to maintain in years to come and could poison American politics for a generation.   With all that in mind, we offer several straightforward centrist policy prescriptions that the GOP and Obama can agree on. Each centrist incremental federal reform could be worked out between the parties in a matter of weeks, perhaps by fast-tracked policy commissions with an equal split in members between the parties and tasked with producing preliminary reports two weeks from the end of the summit.

1.  Federal Incentives To Encourage States to Decrease the Number of Involuntarily Uninsured Americans.

A large part of the issue that many Americans have with Obamacare is the central role of the federal government in the regulation and operation of the American health care industry, with numerous new federal bureaucracies, and attendant federal health bureaucrats to be added to the payroll, that is at the heart of the design of Obamacare.   We believe that instead of creating a giant new federal government structure, federal policy should focus on incentivizing the states into experimenting with new measures to reduce cost and the involuntarily uninsured.    New federal mandates to states, as are included in Obamacare, would inappropriately constrain the states and hamper the great “laboratory of democracy” from properly operating as it has throughout American history.

While we don’t agree with everything, or even most, of what the Robert Wood Johnson Foundation (“RWJF”) advocates, RWJF’s recent report on the health care “State of the States” appropriately highlighted the key role of the states in finding health care solutions:

States play a critical role in advancing coverage expansions and other health reforms by testing new ideas, both politically and practically.  Because health care delivery is largely local, states are closer to the action when it comes to implementing some of the delivery and payment systems changes that are needed to truly transform the health care system. This proximity and flexibility in system redesign is a key strength for states.  In addition, states have first-hand knowledge of their local landscape and relationships with the stakeholders that will be necessary to change the system. Much of the work related to implementing insurance reforms, delivery system redesign, and public health strategies traditionally have been led by states.

Some say that the Massachusetts health care plan was a failure because health care costs are rising faster in that state than nationally since the reform passed, the cost overruns regarding projected state spending and the lack of attainment of true universal coverage. However, the State of Massachusetts passed a bipartisan plan with Republican Governor Milt Romney, a 90% Democratic Massachusetts legislature and a cheerleading Teddy Kennedy present for the signing of the bill by Romney. If Massachusetts desires to change or reverse its programs, the people of Massachusetts will make that happen. Every other state in the Union should have the same opportunity to decide how to proceed regarding its health care systems and the federal government should not straight jacket the states into a one size fits all federal mandate via Obamacare. Federal incentives could also be accessible to several states who wish to forum a regional health care system with uniform rules – but the decisions effecting Americans health care should not be left to a faraway bureaucrat in Washington, D.C.

By maintaining the flexibility of states to engage in policy innovation, the probability increases that a health care policy that is proven to work by empirical evidence will emerge and spread around the country once the benefits of such policy are made clear by results. Creating a huge federal bureaucracy with many new mandates on state governments regarding health care policy will stifle this state innovation and risk damaging the present high quality of care provided by American medical professionals across the land. As 70% to 80% of Americans approve of their present health care arrangements, federal health policy must follow the medical maxim of “first do no harm” and avoid the risk of reducing the present quality of care with too much federal government control over states and medical professionals.

2.  Reform Medical Malpractice Laws:

There is no serious dispute over the need for substantial medical malpractice reform, or tort reform, on the federal level. Some on the right advocate Texas-style tort reform, which involves caps on damage awards and limiting “jackpot justice”, while some on the left wholly reject any tort reform and others advocate a system of specialized health care courts to replace the present courts of general jurisdiction that handle medical malpractice cases. Both policy approaches have pluses and minuses, and to that end the federal health reform effort should provide incentives to the states to attempt either systemic change. It may be that in the long term, specialized health courts, similar to the workers compensation system, are the better choice, but the states should be free to choose how to design their system, as they are in the workers compensation arena. The left-leaning Progressive Policy Institute outlines some benefits of health care courts:

A Better Way: Health Courts

There are many proposals for health care reform that are focused outside the medical justice system. All are well intentioned and some may be practical, but without legal reforms none will likely succeed in containing costs. Clearly, we need major reform, and we can achieve it in part by instituting a network of specialized health courts to replace the current medical justice system.1

Under health courts, malpractice cases would no longer be heard in civil courts. Instead, they would be handled in an administrative system overseen by the states. The system would be similar to the state-run workers’ compensation system. It would give more injured patients access to quicker and less expensive justice.

….

Health court rulings would establish new standards of practice to cover medical circumstances for which common standards have not previously been settled. The health court system would thus yield an essential benefit that our current system of medical justice fails to provide: consistent, rational rulings that send clear signals to health care providers about what constitutes good medical practice. In so doing, it would help eliminate the legal uncertainty that encourages doctors to practice defensive medicine and the silence among practitioners and patients that very likely contributes to medical errors.

It is possible that if even a few states chose to institute health care courts based on incentives in an incremental, centrist federal health reform plan, the benefits of such specialized courts could become empirically proven in a few years. Once proven successful, such a system may become the standard throughout the country; however, as far as a federal policy is concerned, a state should be free to try traditional tort reform, health care courts or any other solution they can create. A federal plan to incentivize the states in the tort reform arena could not be seriously opposed by either party and legislative language could be worked out relatively quickly by bipartisan negotiators.


3. Create a Federal/State/Insurance Companies Mechanism for Covering the Uninsurable with Preexisting Conditions:

The American public believes by a large majority that some federal action should be taken to assist those Americans who cannot obtain health care insurance because they have an uninsurable preexisting condition. Indeed, logically speaking, requiring an health insurance company to provide insurance to an individual that faces certain, and substantial, medical expenses is similar to requiring a car insurance company to provide insurance to an individual with an already wrecked car. It is simply not economically feasible for the private sector insurers to insure against an already existing condition. Because of this, federal government intervention in the health insurance market is appropriate in the instance of uninsurable individuals.

A centrist proposal to deal with uninsurable individuals is to set up comprehensive high risk pools jointly funded by federal and state governments to enable uninsurable individuals to purchase health insurance and a supporting, pro bono role for health insurance companies in administering the program. 31 States presently have high risk pools, and the inclusion of the federal government and insurers into a comprehensive risk pool policy could reduce the cost to the uninsurable while providing folks with care they otherwise would not have received. Both parties already support the use of risk pools, and the Senate version of Obamacare provides for high risk pools between now and 2013. Health insurance companies should be required to participate in this program as a consequence of the federal law, perhaps conditioning a continued exemption from antitrust laws on cooperation by the insurance companies with the risk pool program. This will be an expensive proposition, and many on both sides of the aisle could object to the high cost and some on the left are sure to argue that a comprehensive health care reform plan would be a cheaper alternative. However, as noted earlier, there is no chance of a bipartisan agreement on a comprehensive health care reform plan this year, but neither party could seriously oppose a serious risk pool program for uninsurable individuals and again, the details of this policy could be worked out in a matter of weeks.

4. Create Bipartisan Commission to Study Medical Billing Reform:

Anyone who has reviewed medical bills as provided by doctors and hospitals and then reviewed the payments actually made, and their variance, between insurance companies, government entities and cash-paying individuals knows that the present medical billing system needs substantial reform. Unfortunately, this issue has gotten little attention in the health care reform debate and does not figure prominently in the Obama Health Plan. A single procedure can be billed at $10,000.00 by a hospital to an individual, yet the same procedure could bring in only $4,000.00 from an insurance company and either more or less from a government entity. Greater transparency is needed in medical billing, and health care consumers need to be more involved and aware of what procedures cost and their various choices to create a more efficient and effective medical billing system. While this policy prescription may not be amenable to a quick bipartisan agreement on legislative mandates, neither party could seriously oppose the creation of a Bipartisan Commission to study the medical billing problem and issue recommendations for negotiations between the politicians in a few months.

5. Create a Medicare/Medicaid Sanctions Database and Act to Reduce “Waste, Fraud, and Abuse” in Medicare and Medicaid:

One provision proposed by the Obama Health Plan on Monday was originally proposed by the Republican Study Committee:

The President’s Proposal establishes a comprehensive Medicare and Medicaid sanctions database, overseen by the HHS Inspector General. This database will provide a central storage location, allowing for law enforcement access to information related to past sanctions on health care providers, suppliers and related entities. (Source: H.R. 3400, “Empowering Patients First Act” (Republican Study Committee bill))

Republicans will also likely sign off on some of the other provisions listed on this page by President Obama in his Health Plan, as some are geared towards cracking down on wrongdoers who abuse the payment procedures of Medicare and Medicaid. A good first step, and one that neither party could seriously object to, is the creation of the sanctions database to make sure wrongdoing individuals cannot continue to defraud the government under any circumstances. Again, bipartisan negotiators could work out legislative language on this issue in a matter of weeks.

Many seniors are understandably nervous about what exactly it means for them if Obamacare passes and over 400 Billion Dollars in reductions in Medicare spending occur over the next ten years. A more sensible, bipartisan policy would focus intensely on increasing efficiency in Medicare/Medicaid while reducing waste, fraud and abuse in this programs instead of cutting whole programs like Medicare Advantage, a program relied upon my millions of seniors. Another constructive step would be for President Obama to appoint a Medicare administrator to report to him and Congress about what kind of cuts are feasible or desirable beyond eliminating the improper, fraudulent spending via the sanctions database and stepped up enforcement.

CONCLUSION

The five point plan listed above is no panacea, and will not solve all the problems in the American health care system. However, these above-enumerated centrist health care reforms could not be seriously opposed by either party and compromise legislative language could be worked out in a matter of weeks. Instead of acrimony about Obama’s planned use of reconciliation and the GOP’s obstructionism, one can only hope that the participants in today’s health care summit put aside the pressures of party ideologues on both sides and decide to forge real consensus where it is actually possible: centrist, incremental health care reform.

Update: The initial speeches by President Obama, GOP Senator Lamar Alexander, House Speaker Nancy Pelosi and Majority Leader Harry Reid show little sign of true bipartisan negotiations.

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Shocker: Obama Surrenders, Substantially Scales Down Plan on Eve of Summit; UPDATED 2X: White House Furiously Denies WSJ Story, Hoyer Confirms WSJ Story

Thursday, February 25th, 2010

A Pensive Barack Obama Looks On As the White House's Plans to Advocate Scaled Down Health Care Plan Leak, Detailing a Smaller 250 Billion Dollar Health Care Plan as Monday's 950 Billion Dollar Proposal Looks Unlikely to Pass Congress on the Eve of the Health Care Summit

In an incredible development literally hours before the much-hyped health care summit is to begin between President Obama and Congressional Republicans, the Obama Administration signaled its intent to move forward with a much smaller, scaled back health care plan spending perhaps 250 Billion Dollars over 10 years instead of the near Trillion a year proposed by the present Obama Health Plan as released on Monday. The Wall Street Journal reports:

President Barack Obama will use a bipartisan summit Thursday to push for sweeping health-care legislation, but if that fails to generate enough support the White House has prepared the outlines of a more modest plan.

His leading alternate approach would provide health insurance to perhaps 15 million Americans, about half what the comprehensive bill would cover, according to two people familiar with the planning.

It would do that by requiring insurance companies to allow people up to 26 years old to stay on their parents’ health plans, and by modestly expanding two federal-state health programs, Medicaid and the Children’s Health Insurance Program, one person said. The cost to the federal government would be about one-fourth the price tag for the broader effort, which the White House has said would cost about $950 billion over 10 years.

Officials cautioned that no final decisions had been made but said the smaller plan’s outlines are in place in case the larger plan fails.

Such a move would disappoint many Democrats, including Mr. Obama. They have worked for more than a year to pass comprehensive legislation like the plan the president unveiled Monday, which would cover the bulk of the 46 million uninsured people in the U.S., set new rules for health insurers and try to control spiraling health-care costs.

The last reporting from the WSJ above could be the understatement of the decade, as many Democrats will be much more than disappointed. The left is already disappointed by the White House’s declaration yesterday that the public option was dead, and this scaled back, much smaller plan leaked just hours before the health care summit is sure to infuriate those on the left who have been agitating tirelessly for a comprehensive health care reform package along the lines of Monday’s Obama Health Plan. Indeed, should Obama actually fallback on the smaller plan as the WSJ suggests, such a development is certain to lead to questions about the consistency and effectiveness of Obama’s strategy on health care reform and much consternation in the left wing new media about the incompetence of his execution since the health care debate began in the Spring of 2009.

Looking back, if Obama had been agreeable to the type of plan he’s apparently contemplating now back in the Spring of 2009, health care reform would have passed with 80 votes in the Senate and Obama would have done a lot to prove his bipartisan bona fides. Instead, after nearly a year of advocating a strongly partisan health plan, Obama may now be signaling he will take what he can get in a scaled down bill, yet the damage to the Democratic Party and the Obama brand as inflicted since the Spring of 2009 by the health care debate will remain.

UPDATE:  The Washington Post’s Obama advocate Ezra Klein and the Huffington Post report that the White House is furiously denying the Wall Street Journal’s report that a scaled back plan is under consideration. Klein’s report:

The Wall Street Journal has a splashy piece this evening on the White House’s plan B for health-care reform: a fallback approach that would cover 15 million people, do less to reform the system and cut costs, and carry a lower price tag. Call it health-care lite.

Plan B has been around for awhile. In August, discussions raged in the White House over whether to pare back the bill. The comprehensive folks won the argument, but people also drew up plans for how you could pare back the bill, if it came to that. More thinking was done on this in the aftermath of the Massachusetts election, when Rahm Emanuel and some of the political folks again argued for retreating to a more modest bill. As you’d expect, these conversations included proposals for how that smaller bill would look.

At this point, I could quote some White House sources swearing up and down that that’s all this is. A vestigial document that’s being blown out of proportion by a conservative paper interested in an agenda-setting story. They’re furious over this story. None of the quotes are sourced to the White House — not even anonymously — raising questions that the whole thing is sabotage. But it hardly matters. There’s no Plan B at this point in the game, and most everyone knows it.

UPDATE #2: Ed at Hotair picks up this Hill piece quoting House Majority Leader Steny Hoyer stating this morning before the summit that a scaled back bill along the lines of the one described by the WSJ last night is on the table:

Hoyer, the second-ranking House Democrat, said the president would have to look at a fallback proposal if the current proposals before Congress weren’t able to muster the votes to pass.

“I think the president’s open to that,” Hoyer said during an appearance on CNBC, cautioning that the president would clearly prefer to see the comprehensive bills pass…

“Obviously, the president has indicated he wants to have a comprehensive bill,” Hoyer said. “But the president, like all of us, understands that in a democracy, you do the possible.”

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Karmatic Irony of the Year: Blackwater Saves Alan Grayson’s Life in Niger

Wednesday, February 24th, 2010

Florida Democratic House Member Alan Grayson Owes His Life to Blackwater (now Xe), who Helicoptered Grayson to Safety Last Week From Conflict in Niger

In the heat of the health care debate, we take this moment to point out the most ironic news this year: Florida Democratic Congressman Alan Grayson was rescued from Niger by Blackwater (now known as “Xe”) security forces. For the uninitiated, Grayson isn’t exactly a fan of Blackwater:

Before joining Congress, Rep. Alan Grayson (D-Fla.) was the scourge of military contractors, filing dozens of whistleblower lawsuits against companies who defrauded the government in connection with their work in Iraq. In the past, the freshman lawmaker, who’s known for his pugilistic style and no-holds barred remarks, has blasted the firms working on the payroll of the US government overseas: “We’re not going to let the defense contractors use our money to bribe our government and take it over,” he once said. And he has singled out Blackwater (now known as Xe) for special criticism: “We can’t let, basically, Blackwater take over the entire government here. We have to draw the line somewhere.”

So, Grayson went to Washington after he “made his substantial fortune by suing military contractors” and kept on blasting Blackwater since he’s been in DC, hammering the company on a near daily basis. Last week, Grayson was in Niger on a congressional delegation, and he got caught up in the outbreak of a coup, with active gunfire in the “building next door” and narrowly escaped, as CNN reported:

Washington (CNN) – Rep. Alan Grayson, D-Florida, narrowly escaped harm earlier this week after being caught up in a military coup in the African country of Niger.

Grayson’s press secretary, Todd Jurkowski, confirmed to CNN that Grayson was close to the action. “He heard the gunshots. They were literally in the building next door.”

The outspoken congressman was in Niger as part of a congressional delegation focused on science, technology and humanitarian relief, according to Jurkowski. When the situation began to unravel, Grayson was taken to the residence of the United States Ambassador to Niger, where he was placed under armed protection.

On Thursday, Assistant U.S. Secretary of State P.J. Crowley told reporters the U.S. Embassy was monitoring the situation and confirmed Grayson was safe at the embassy. Later that night, a Niger military official announced the country’s constitution has been suspended.

It was not until today’s testimony by Xe executive vice president Fred Roitz in Congress that Xe’s role in saving Alan Grayson’s life in Niger became known. Apparently a subsidiary of Xe’s, Presidential Airways, helicoptered Grayson to safety after security personnel brought him to Xe’s helicopter, as confirmed by Grayson’s spokesman. Perhaps Grayson will have a more charitable view of Blackwater/Xe in the future as he owes his life to their quick action in extracting him from the burgeoning war zone in Niger.

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CNN: 73% Say Start From Scratch (48%) or Stop Work Completely (25%) on Health Care Reform; UPDATE: 52% Oppose Use of Reconciliation

Wednesday, February 24th, 2010

President Barack Obama, House Speaker Nancy Pelosi, and Senate Majority Leader Harry Reid May Want to Review CNN's Finding that 73% of the American Public Oppose Passing the Health Care Reform Bills before Congress now or Something Similar

This afternoon CNN released some troubling findings for the Obama Administration: Just 25% of the American public wants Congress to follow the lead of the newly released Obama Health Plan and pass a health care reform plan similar to the plans now before Congress. An overwhelming majority of Americans, 73%, prefer that Congress either start from scratch (48%) or stop work completely on health care reform (25%). Obama’s Health Plan contains essentially the same policies as the bill passed by the Senate, with the addition of price controls for health insurance premiums.

CNN buries the lede in its article accompanying the release of its findings, never mentioning that an overwhelming majority (73%) of the American public disapprove of passing a bill similar to the one before Congress, including four in ten Democrats who want the President and Congress to start over. CNN does manage to state that “nearly three quarters” of Americans want some kind of reform, including in that figure the 48% who want Congress to start over in that grouping in a somewhat dishonest fashion:

Washington (CNN) – Although the overall health care reform bills passed by the House of Representatives and the Senate are unpopular, many of the provisions in the existing bills are extremely popular, even among Republicans, according to a new national poll.

A CNN/Opinion Research Corporation survey released Wednesday also indicates that only a quarter of the public want Congress to stop all work on health care, with nearly three quarters saying lawmakers should pass some kind of reform.

Twenty-five percent of people questioned in the poll say Congress should pass legislation similar to the bills passed by both chambers, with 48 percent saying lawmakers should work on an entirely new bill and a quarter saying Congress should stop all work on health care reform.

…..

The poll’s release comes one day before a critical televised health care summit hosted by President Obama that will include top Congressional Democrats and Republicans.

The survey indicates nearly half of all Democrats say Congress should pass legislation similar to the bills passed by both chambers, with nearly 4 in 10 Democrats saying Congress should start from scratch and just 1 in 10 saying lawmakers should stop all work on health care.

A majority of Republicans questioned, 54 percent, want Congress to start from scratch, with just under 4 in 10 saying lawmakers should halt work on health care reform and just 6 percent saying Congress should pass into law the current legislation.

Fifty-two percent of Independents want Congress to start work on a new bill, with 27 percent saying lawmakers should stop all work, and 18 percent saying that the current legislation should be passed into law.

The final finding noted above in the CNN excerpt is truly incredible: a full 79% of Independents reject passing the current bills before Congress or something similar and only 18% of Independents favor moving forward with the present bills as advocated by the Obama Health Plan. That’s a 61 point gap between approval and disapproval, running against the plan initiated by the release of the Obama Health Plan last Monday and subsequent advocacy of the reconciliation process to circumvent the filibuster and push through Obamacare by the President and his Democratic congressional allies. With the mood of the country so clearly opposed to moving forward with the present bills or something similar in Congress, Obama must provide an incredible performance tomorrow to move public opinion back his way to convince nervous Democrats in Congress that proceeding with pushing through Obamacare now is in their best electoral interest.

UPDATE: Hotair points out that a new USAToday/Gallup poll taken yesterday shows the public opposed to Obama’s possible use of reconciliation to pass Obamacare by a 52%/39% margin and that only 22% of the public thinks the health care summit will result in a bipartisan deal.

White House press secretary Robert Gibbs indicated Monday that, if necessary, the White House was open to using a parliamentary maneuver known as reconciliation to bypass a prospective filibuster in the Senate. That means a measure could pass the Senate with a 51-vote majority rather than the 60 votes needed to end debate.

Americans are opposed 52%-39% to using that device to get a bill through.

The poll of 1,009 adults nationwide, taken by landline and cellphone Tuesday, has a margin of error of +/—4 percentage points.

UPDATE: Ace at Ace of Spades and Allahpundit at Hotair link over, thank you guys. Readers of Ace and Hotair please take a look around and leave a comment or three.

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GOP Demands Obama Invite Dissenting Dem. Stupak on Eve of Summit

Wednesday, February 24th, 2010

House GOP Leader John Boehner Threw Obama a Curveball With a Demand for an Invite for Democratic Dissenter Bark Stupak to the Health Care Summit Tomorrow

In an attention-grabbing move on the eve of tomorrow’s day-long health care summit between Obama and the GOP, House GOP Leader John Boehner has issued a demand, via letter, that Obama invite Democratic House Member Bart Stupak (D-Mi.). Stupak yesterday called the Obama Health Plan, as released on Monday, “unacceptable” because the “President’s proposal encompasses the Senate language allowing public funding of abortion.” A key portion of Boehner’s letter:

I write today to respectfully ask that you invite Rep. Stupak to participate in the February 25 health care summit so that the will of the American people – and that of a bipartisan majority in the House – on the critical issue of life will be appropriately represented during the discussion.

Regrettably, millions of Americans are already deeply skeptical about the February 25 summit. They have noted with disappointment the decision by the White House to use the existing legislation as the starting point for the discussion – despite the fact that the current bills are opposed by a majority of the American people – rather than starting the discussion with a clean sheet of paper. They have noted with consternation the White House decision to exclude governors and state legislators representing states that will bear the heaviest burdens if the current legislation is enacted. Including Representative Stupak in the February 25 discussion, by contrast, would send a signal that the White House respects the views of a majority of Americans and a bipartisan majority of the House on the critical issue of life.

Boehner’s letter also mentions the GOP’s request earlier this week that Governors be invited to the health care summit, and such request was also denied by the White House according to Politico today:

The White House has denied a request by Hill Republicans to include governors at tomorrow’s Blair House health care summit, according to a spokesman for House Minority Leader John Boehner (R-Ohio).

“The White House has apparently decided not to allow any of America’s governors to attend the health care ‘summit’ tomorrow,” wrote Boehner spokesman Michael Steel in an email.

“We are disappointed to announce that the White House has advised Leader Boehner that its expectation is that congressional leaders will appoint only Members of Congress as their representatives at the summit, on the grounds that the discussion is ‘about legislation.’ … [H]e is disappointed the White House has excluded our nation’s governors and state legislators from the summit.”

A White House spokesman hasn’t responded to a request for comment.

Obama faces a difficult choice in whether to agree to the GOP’s desire for Stupak’s attendance. If Obama denies the request, part of the narrative over the next twenty four hours will be the White House’s exclusion of Stupak. If Obama accepts the request, than Stupak’s “unacceptable” comment and likely more comments from Stupak about abortion will be part of the media reporting. As Obama has already denied the request for Governor attendance, our guess is that Obama will simply ignore this latest GOP demand regarding Stupak and hope the issue of abortion funding via Obamacare gains little traction in the coming days.

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Obama 2005: Condemns Reconciliation Use as “Absolute Power” and “Not What the Founders Intended.”

Wednesday, February 24th, 2010

President Barack Obama and Democratic Senate Majority Leader Harry Reid Had a Very Different View the Use of Reconciliation in 2005

Explosive new video has surfaced today that shows President Barack Obama, and many other prominent Democrats condemning the Bush Administration in 2005 for Bush’s attempt to use reconciliation to push through judicial nominees.  These 2005 quotes are particularly jarring when compared to the 2010 quotes from the same folks about Obama’s attempt to use reconciliation to pass Obamacare. Senator Barack Obama, on 4/26/05, in response to a question on the “nuclear option” (how Democrats in 2005 characterized then-President Bush’s attempts to use reconciliation):

“He hasn’t gotten his way…uh…and that is now prompting a change in the Senate rules that really I think would change the character of the Senate uh forever and uh what I worry about would be that you essentially have still two chambers the House and the Senate but you have simply majoritarian uh absolute power on on either side and that’s just not what the Founders intended.”

Present Senate Majority Leader Harry Reid weighs in as well back on 5/18/2005, noting that

“The right to extend a debate is never more important than when one party controls both Congress and the White House. The filibuster serves as a check, on power, preserve our limited government.”

Considering Leader Reid’s comments yesterday that the Republicans should “stop crying” about Obama’s planned use of reconciliation to push through Obamacare, Reid’s comments in 2005 are particularly explosive in terms of today’s health care debate. Present Secretary of State Hillary Clinton also chimed in with a verbal barrage on 5/23/2005 against then President Bush about controlling himself and calling upon her GOP collegues to go to Bush and tell him reconciliation is “a bridge to far” and that “you have to restrain yourself Mr. President.” One could argue, in aftermath of the shocking GOP upset win in the Massachusetts Senate race in January 2010 by a candidate, Scott Brown, who explicitly campaigned against passing Obamacare, that a Senator from the Democratic side should have the type of conversation with the President as suggested by Secretary Clinton back in 2005.

Vice President Joe Biden weighed in with his familiar bombastic rhetoric in 2005 as well, stating that “this nuclear option is ultimately an example of the arrogance of power…it is a fundamental power grab” and further opining in prayer that “”I pray God when the Democrats take back control we don’t make the kind of naked power grab you are doing.” Of course, Biden now supports the Obama Administration’s plan to use reconciliation to push Obamacare through the Senate with only 50 votes (and his tie breaking vote).

A common theme of all of the Democratic Senators remarks in 2005 revolves around the destruction of the “Republic” and the elimination of the “checks and balances” intended by the Founders that would ensue should President Bush succeed in his effort to use reconciliation. Senator Chuck Schumer (D-NY), who is now leading the Senate effort to pass a public option through reconciliation, had this to say on 5/18/2005 about Bush’s attempt to use reconciliation:

“We are on the precipice of a crisis, a constitutional crisis. The checks and balances which have been at the core of this Republic are about to be evaporated by the nuclear option. The checks and balances which say if you get 51% of the vote, you dont get your way 100% of the time. It is amazing its almost a temper tantrum.”

Democratic Senator Diane Feinstein (D-Ca.) also condemned Bush for attempting to use reconciliation, stating if used reconciliation would mean “the Senate becomes ipso facto, the House of Representatives” while also showing her more dire concern is the use of reconciliation for substantive legislation, not judicial nominees, by stating Bush will start with reconciliation for judicial nominees but then move on to its use in legislation. Perhaps most bombastic of all in 2005 regarding Bush’s attempted use of reconciliation is Democratic Senator Max Baucus (D-ND), who solemnly stated that “[t]his is the way that Democracy ends not with a bomb, but with a gavel”. Of course, Bush did not actually use reconciliation to get his nominees through the Senate as a bipartisan deal was reached.

Incredibly, each and every one of the above-quoted then-Democratic Senators, Obama, Reid, Biden, Clinton, Schumer, Baucus and Feinstein, are in favor of the use of reconciliation to pass Obamacare, with many of those same folks actively leading the effort, including now-President Obama. Perhaps an enterprising reporter could ask Harry Reid to explain if this comment also applies to Democratic Administrations like Obama’s: “No, we’re not going to follow the Senate rules…no…because of the arrogance of power of this Republican Administration.” Finally, Harry Reid posts in April 2005 on his Senate website an explanation as to why the improper use of reconciliation must be rejected and the claim to entitlement to an “up or down vote” is suspect:

For the past several months, the Senate has operated under a nuclear cloud. As a result of the Senate’s decision to reject a small number of President Bush’s judicial nominees, the Republican majority has threatened to break the Senate rules, violate over 200 years of Senate tradition and impair the ability of Democrats and Republicans to work together on issues of real concern to the American people.

It is astounding that Republicans would precipitate this destructive confrontation, especially since this President has a better confirmation rate than any of his recent predecessors. The Senate has confirmed 205 of President Bush’s judicial candidates and turned back only ten, a 95% confirmation rate. Ten rejected judges – only seven of whom are currently before the Senate – does not seem reason enough for Republicans to break the Senate rules.

My Republican colleagues claim that nominees are entitled to an up-down vote. That claim ignores history, including recent history.

UPDATE: ABC’s Jake Tapper adds another Obama 2005 quote on reconciliation and the Framers of the Constitution:

At the National Press Club on April 26, 2005, then-Sen. Barack Obama, D-Ill., was asked about a move being discussed by Senate Republicans, then in control, to change the Senate rules so as to require a mere majority vote rather than the 60 votes necessary to end a potential filibuster.

“You know, the Founders designed this system, as frustrating it is, to make sure that there’s a broad consensus before the country moves forward,” then-Sen. Obama told the audience.

His remarks have garnered some attention in recent days given the current likelihood that Senate Democrats will next week use “reconciliation” rules, which require only a 51-vote majority, to pass health care reform legislation, bypassing the current Senate rules of requiring 60 votes to cut off a potential filibuster and proceed to a final vote.

The White House has been in recent days setting the table for use of reconciliation rules for health care reform.

UPDATE #2: American Spectator’s blog reprints the 2005 comments by the various Democratic Senators in full.

UPDATE #3: Thanks for the link, Memeorandum.com. Welcome to Memeorandum readers, please take a look around and stay a while. A quick flashback to early February 2010, when President Obama and the new media left were in full attack mode about the evils of the filibuster. This excerpt supplies a stark contrast to the comments made by the left-leaning Democratic Senators quoted above in 2005 when Bush was trying to circumvent the Senate filibuster with Obama’s comments in bold:

The Filibuster Was Never a Good Idea

Yesterday, talking to Democratic Senators, the president offered some thoughts on the filibuster:

So the problem here you’ve got is an institution that increasingly is not adapted to the demands of a hugely competitive 21st century economy. I think the Senate in particular, the challenge that I gave to Republicans and I will continue to issue to Republicans is if you want to govern then you can’t just say no. It can’t just be about scoring points. There are multiple examples during the course of this year in which that’s been the case.

Look, I mentioned the filibuster record. We’ve had scores of pieces of legislation in which there was a filibuster, cloture had to be invoked, and then ended up passing 90 to 10, or 80 to 15. And what that indicates is a degree to which we’re just trying to gum up the works instead of getting business done.

I appreciate what the President is trying to do here and I agree with the spirit of his comments, but the history here is bad. There was no point in time when supermajority voting in the Senate was well-suited to the challenges of the time. Indeed, as David Mayhew has demonstrated it’s simply not the case that there was routine supermajority voting until the recent past. When FDR’s opponents were seeking to block court-packing and when LBJ was lining up support for Medicare, vote-counters assumed that a majority was needed to block initiatives.

The authentic tradition is of using the filibuster as an extraordinary technique for the specific purpose of maintaining white supremacy in the South. A Harding administration anti-lynching initiative fell prey to the filibuster back in the 20s. The Civil Rights Act of 1957 and the Civil Rights Act of 1960 both had to be largely gutted in order to surmount filibusters. And it was recollection of the filibuster’s specific role as a bastion of white supremacy that led to the bipartisan effort to reform the filibuster in 1975 when northern liberal Democrats teamed up with the Ford administration and many Republicans to cut the cloture threshold to 60.

The institution has always been pernicious, just as the malapportionment of the Senate has always been the result of a hardball political negotiation rather than expressing some underlying good idea about the design of political institutions. Part of what makes the filibuster a bad idea is that it’s viability depends on minority party restraint. But the nature of human psychology is to create a procedural downward spiral in which each time there’s a change of partisan control, the new minority steps-up its obstruction.

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Obama 2012 Begins Operations: Hatch Act Violations?

Wednesday, February 24th, 2010

Senior White House Advisor David Axelrod (left) and Deputy White House Chief of Staff Jim Messina (right) have initiated Obama 2012 reelection activities according to the Politico exclusive reporting

Nearly three years before a possible reelection vote for President Obama in November 2012, Barack Obama has initiated 2012 campaign activities in the past few weeks according to an exclusive report from Politico’s Mike Allen.:

President Barack Obama’s top advisers are quietly laying the groundwork for the 2012 reelection campaign, which is likely to be run out of Chicago and managed by White House deputy chief of staff Jim Messina, according to Democrats familiar with the discussions.

The planning for now consists entirely of private conversations, with Obama aides at all levels indulging occasionally in closed-door 2012 discussions while focusing ferociously on the midterm elections and health care reform, the Democratic sources said. “The gathering storm is the 2010 elections,” one top official said.

But the sources said Obama has given every sign of planning to run again, and wants the next campaign to resemble the highly successful 2008 effort.

David Axelrod, White House senior adviser, may leave the West Wing to rejoin his family in Chicago and reprise his role as Obama’s muse, overseeing the campaign’s tone, themes, messages and advertising, the sources said.

David Plouffe, the Obama for America campaign manager, described by one friend as “the father of all this,” will be a central player in the reelect, perhaps as an outside adviser.

“The conversations are beginning, but decisions haven’t been made,” a top official said. “If you look at David Plouffe’s stepped-up level of activity with the political organization [as an outside adviser on the 2010 races], that is obviously the beginning of the process.”

This disclosure of the ongoing Obama 2012 campaign work in the White House with “Obama aides at all levels indulging occasionally in closed-door 2012 discussions” could be construed as a possible violation of the Hatch Act, which prohibits federal employees from engaging in political activities. The key question regarding a Hatch Act violation would be if any of the “Obama aides” involved in “closed-door 2012 discussions” are outside of the exemptions of the Hatch Act, as such exemption covers federal employees paid via an appropriation for the Executive Office of the President or federal employees that are nominated and confirmed by the Senate.

If federal employees who are not subject to the exemption are shown to have participated in the nascent Obama 2012 activities, such activities may be in violation of the Hatch Act as non-exempt employees are prohibited from “doing political work while on duty, in uniform, in the office or in a government vehicle.” The exempt political appointees of the President can engage in political activities “provided their actions don’t amount to coercive use of the office to which they have been appointed. They cannot pay for political activities with taxpayer dollars, however.” The use of taxpayer dollars in furtherance of the Obama 2012 campaign by “Obama aides at all levels” during “closed door” discussions in federally-funded offices and/or travel to Chicago (where Politico reports Obama 2012 is based) could be violations of the Hatch Act.

Following this exclusive disclosure of these Obama 2012 activities by Politico, in the midst of the battle over passing Obamacare, the media is sure to attempt in the days to come to identify each and every one of the “Obama aides at all levels” who were engaging in such Obama 2012 activities and whether their political activities amounted to Hatch Act violations.

UPDATE: Hotair points out that Obama was just weeks ago talking about being a “great” one term President:

Didn’t The One tell us just a few weeks ago that he’d rather be a great one-term president than a mediocre two-termer? I guess he’s … planning for mediocrity, then?

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Obama Reconciliation Strategy Rallies Moderate Democrats

Tuesday, February 23rd, 2010

Democratic Senators are Rallying Around Obama's Health Plan and the Use of the Reconciliation Process

In the wake of the release of the 11 page Obama Health Plan, which clearly envisions the use of the parliamentary procedure known as reconciliation, moderate Democratic Senators who are on record opposing the use of reconciliation for Obamacare are now reversing themselves. Senators Evan Bayh (D-Ind.), Joe Lieberman (I-Conn.), Ben Nelson (D-Ne.) and Claire McCaskill (D-Mo.), who all previously stated their opposition to the reconciliation procedure, are signaling that their opposition to reconciliation is now waning. Additionally, some House Democrats who previously opposed the Senate bill are also softening their opposition. Both House and Senate Democrats appear both impressed by Obama’s release of his own plan as well as accepting the Obama Administration’s argument that a bad bill is better than no bill for Democratic electoral prospects in November 2010. Obama’s strategy to paint the GOP as obstructionists is also helping garner Democratic support for the use of reconciliation. Indeed, as Thursday’s health care summit approaches, the continual White House assertions of GOP intransigence on health care appear to be paying off by providing moderate Democrats political cover to abandon their prior anti-reconciliation stances.

Politico’s Carrie Budoff Brown reports:

An idea that seemed toxic only weeks ago — using a parliamentary tactic to ram health reform through the Senate — is gaining acceptance among moderate Democrats who have resisted the strategy but now say GOP opposition may force their hands.

The implications of the subtle shift among this small group of centrist senators could mean the difference between success and failure for health care reform — giving Democrats a potential road map for passing a bill that had been left for dead after the Massachusetts Senate defeat.

That mood in the Senate was matched Tuesday by a growing momentum for President Barack Obama’s health care proposal in the House, where Democrats were beginning to coalesce around the view that passing a flawed bill is better than passing none at all.

These shifts couldn’t come at a better time for Obama ahead of Thursday’s health care summit. The White House has signaled he’s prepared to use reconciliation, which would require just 51 votes to pass health reform.

The comments also seemed to reflect the early soundings of a Democratic strategy for selling the public on the tactic, especially if no Republicans sign on to Obama’s plan after the summit: The GOP made us do it.

“Obviously, if the minority is just frustrating the process, that argues for taking steps to get the public’s business done,” said Sen. Evan Bayh (D-Ind.), who was one of the leading voices against the procedure after the Massachusetts election, calling it “very ill-advised.”

“At the same time … Republicans would probably shut the place down, but you could argue they are doing that anyway,” Bayh said.

Bayh’s remarks Tuesday came a day after Sen. Mary Landrieu (D-La.) cited Republican obstructionism as a reason why she could embrace the parliamentary maneuver to pass health care reform. Last month, she said she was leaning against reconciliation.

“I’m staying open to see how these negotiations go forward,” Landrieu said. “I’ve not generally been a big supporter, but the Republican Party, the leadership, has really been very, very, very disingenuous in this process.”

Sen. Ben Nelson (D-Neb.) said he doesn’t prefer reconciliation, but it may be the only way.

“I’d like to see as many votes as possible,” he said. “But at the end of the day, with the obstructionism going on at the level that it is, I’m more interested in what’s in the package than I am in the process of how many votes it takes to get it through.”

To be sure, the hints on reconciliation do not signal any kind of ironclad commitment. Democrats remain hesitant about using the procedure, fearful that Republicans will be successful in convincing voters that it is an end-run around the normal legislative process.

However, it is a mixed bag for Democrats in the past few days, as shown by Steny Hoyer’s comments earlier today that “[w]e may not be able to do” a comprehensive health care reform bill. Some moderate House Democrats also voiced disapproval with Obama’s new strategy, including Blue Dog leader Heath Shuler (D-Pa.) and Jason Altmire (D-Pa.). Considering today’s shift of moderate Democratic Senators towards supporting Obama’s plan to use reconciliation, the tougher battle for Obama may now lie with finding 218 votes from the House of Representatives, especially as perhaps as many as 60 Democratic House members are facing defeat in November 2010. The Associated Press outlines the importance of Thursday’s summit and the uncertainty of House passage:

If Obama fails on a comprehensive health care overhaul where Bill Clinton and other presidents failed before him, the chance won’t come around again anytime soon.

The whole endeavor will now rise or fall on Obama’s ability to sell his plan at the summit Thursday, and the reaction from lawmakers and the public in the days ahead.

Some rank-and-file Democrats were openly skeptical that the White House and congressional leaders could pull it off. Rep. Jason Altmire, D-Pa., a moderate who opposed the health legislation when it passed the House, questioned whether Speaker Nancy Pelosi could hang on to the votes that allowed her to get the bill through 220-215 in November. Since then a couple of Democrats have left the House, and Pelosi may also lose votes from anti-abortion Democrats who oppose the less restrictive abortion language in the Senate bill, which Obama kept in his plan.

“Is she going to be able to hold everybody that was for it before?” Altmire asked. “What about the marginal members in the middle who got hammered over this vote and would love a second chance to perhaps go against it?”

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Progressives Turn on White House Over Public Option: “Loser Mentality” – UPDATED

Tuesday, February 23rd, 2010

Top White House Spokesman Robert Gibbs Sparked Infighting with the Progressive Left by Pronouncing the Public Option Dead Today

Tensions have been running high between the progressive left, which is agitating for the inclusion of the public option in Obamacare if passed via reconciliation, and the White House, which omitted any reference to the public option in the 11 page Obama Health Plan issued yesterday. This afternoon, White House spokesman Robert Gibbs sparked an escalation of those tensions with his comment confirming the death of the public option as ““[t]here isn’t enough political support in the majority to get this through.” This is the most explicit the White House has ever been about the lack of hope for the public option under any circumstances, as notes former TPM lefty blogger, now WaPo blogger, Greg Sargent:

At the press briefing just now, Robert Gibbs made the White House’s most expansive comments yet about the push for a reconciliation vote on the public option — and, to put it mildly, supporters won’t find them encouraging.

Gibbs said flatly that the White House doesn’t believe there’s enough support in Congress to get it passed.

Asked directly whether the President’s failure to include the public option in his proposal means he views the public option as dead, Gibbs didn’t exactly dispute this interpretation.

“There are some that are supportive of this,” Gibbs said. But he added: “There isn’t enough political support in the majority to get this through.”

“The President took the Senate bill as the base and looks forward to discussing consensus ideas on Thursday,” Gibbs added, presumably meaning that the public option is not a consensus idea.

It’s unclear why Gibbs is deciding in advance that there isn’t enough support to pass this idea. Momentum has been gathering for days. It’s also very likely that it would continue to gain steam if Obama racks up a victory at the summit and Dems press forward with plans to pass reform themselves via reconciliation.

But Gibbs’s statement seems likely, willfully or not, to slow that momentum in advance
.

The progressive left has been pushing Democratic Senators to sign a pledge to vote for the public option in recent days, with blogs such as TPM and Daily Kos leading the way alongside political groups like the Progressive Change Campaign Committee (“PCCC”). PCCC’s reaction to Gibbs’ comment was swift condemnation of the White House as having a “loser mentality – but America rallies around winners.” PCCC Spokesman Adam Green’s statement, via Sargent:

The White House obviously has a loser mentality — but America rallies around winners. Polls show that in state after state, voters hate the Senate bill and overwhelmingly want a public option, even if passed with zero Republican votes. More than 50 Senate Democrats and 218 House Democrats were willing to vote for the public option before, and the only way to lose in reconciliation is if losers are leading the fight. That’s why Democrats in Congress should ignore the White House and follow those like Chuck Schumer and Robert Menendez who know that the public option is a political and policy winner.”

As the Obama Administration struggles to paint the GOP as ideological obstructionists who refuse to compromise, this burgeoning fight between the progressive left and the Obama Administration is an unwelcome distraction. Indeed, as the White House is now active disagreement with the over 20 Senate Democrats who have signed the public option pledge and the progressive left, the credibility of Administration to attack the GOP as obstructionists could be declining as even the Democrats themselves cannot agree upon what their health care package should consist of. Indeed, Democratic Senate Leader Harry Reid’s comment today that the GOP should “stop crying” over the use of reconciliation could perhaps be better applied to the progressive left regarding the public option. Centrists around America remain hopeful that a true bipartisan compromise can be reached between the parties instead of the use of reconciliation on the largest health care reform package in American history.

UPDATE: The New York Daily News picks up on the “loser mentality” slam on the White House by the PCCC:

Liberals took a brutal whack at the White House this afternoon — suggesting “losers are leading” the health care fight — after President Obama spokesman Robert Gibbs declared “there isn’t enough political support” to pass a public health insurance option.

“The White House obviously has a loser mentality — but America rallies around winners,” said Adam Green, a co-founder of the group Progressive Change Campaign Committee.

“Polls show that in state after state, voters hate the Senate bill and overwhelmingly want a public option, even if passed with zero Republican votes,” Green said. “More than 50 Senate Democrats and 218 House Democrats were willing to vote for the public option before.”

Green and company have mounted a surprisingly effective campaign over the last week to get Democratic senators to to sign on to a push to pass a public option through the 51-vote budget reconciliation loophole. So far, 23 senators have backed it, including New York Sens. Kirsten Gillibrand and Chuck Schumer and New Jersey Sens. Robert Menendez and Frank Lautenberg.

“The only way to lose in reconciliation is if losers are leading the fight,” Green fumed about Gibbs and the White House. “That’s why Democrats in Congress should ignore the White House and follow those like Chuck Schumer and Robert Menendez who know that the public option is a political and policy winner.”

Ouch.

UPDATE #2: Hotair points out that, putting aside the public option debate, the Number 2 House Democrat, Steny Hoyer, is publicly stating he’s not sure the House can pass Obamacare. AP has Steny’s comment:

“We may not be able to do all. I hope we can do all, a comprehensive piece of legislation that will provide affordable, accessible, quality health care to all Americans,” Hoyer said at his weekly media briefing. “But having said that, if we can’t, then you know me — if you can’t do a whole, doing part is also good. I mean there are a number of things I think we can agree on.”

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