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And whispering "I will ne'er consent " — consented.

Lord Byron, Don Juan, canto I, verse CXVII:

And Julia's voice was lost, except in sighs.

Until too late for useful conversation ;
The tears were gushing from her gentle eyes,

I wish, indeed, they had not had occasion ;
But who, alas ! can love, and then be wise?

Not that Remorse did not oppose Temptation ;
A little still she strove, and much repented.
And whispering "I will ne'er consent " — consented.

Pravda:

After claiming for months they couldn't vote for a bill without the strongest possible government-run insurance option, liberals are putting aside their disappointment over the weaker version in the legislation for a historic chance to remake America's medical system.

"The current language is far weaker than what I would have preferred, and I think that is also true of the Progressive Caucus," Rep. Emanuel Cleaver, D-Mo., a member of the Congressional Black Caucus, said Friday. "But because I did not come up here to participate in gridlock and acrimony, I have told leadership that I am willing to compromise."

Indeed. The temptation to engage in yet another narrative of weakness is almost overwhelming. But isn't it more fair to say, "Mission accomplished?"

The insurance companies are bailed out. Single payer is outlawed. Costs will not decrease. And everybody played their part! Republicans opposed everything. The finance wing of the FKDP sold out to Big Pharma and the insurance companies while Obama was still lowering his right hand after taking the oath of office. Blue Dogs took their cut. "Progressives" sucked all the oxygen out of the discourse for real reform with their doomed [a|the] [strong|robust]? public [health insurance]? [option|plan]. And the liberals... avoided acrimony.

Well done, Democrats! Well done "progressives"! Well done Versailles! Everybody played their part! I'm proud of you.

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Submitted by lambert on

... for reasons I can't explain (it's late) leaves state single payer plans open to legal challenges, and such challenges have been made, successfully. The Kucinich Amendment would have removed the grounds for those challenges under ERISA. So, any state plan can be challenged on those grounds. I'd call that outlawed.

jumpjet's picture
Submitted by jumpjet on

be a problem.

And even if it is, I think our side could win a court battle, even if we fought it all the way to the Supreme Court.

Of course, a campaign of intimidation waged against the insurance companies would certainly be helpful as well.

Submitted by lambert on

Center for Policy Analysis:

Some state and local governments that have attempted to expand health care coverage have been successfully challenged in court under the terms of the Employee Retirement Income Security Act of 1974 (ERISA). ERISA pre-empts states from enacting legislation if it is “related to” employee benefit plans. It reserves that right to the federal government. Section 514 of ERISA states that Title V (Administration and Enforcement) and Title IV (Fiduciary Responsibility) of ERISA “shall supercede any and all State laws insofar as they may… relate to any employee benefit plan.” There is no provision for an administrative waiver of these rules.

The Kucinich amendment to HR 3200, approved by a recorded vote of the House Education and Labor Committee, would remove this barrier for states that have enacted and signed into law a single payer system.

BDBlue's picture
Submitted by BDBlue on

I think the "reform", which mandates insurance, sets national standards, establishes exchanges, arguably makes the case stronger that the field has been preempted by the federal government.

Submitted by hipparchia on

i was just rereading some of your writing on that. do you think that would hold if a state passed single payer before the exchange[s] opened up?

dblhelix's picture
Submitted by dblhelix on

The only silver lining is that the fundraising ops for progressive block/ads/posters may finally cease -- at least until Democrats take up the next set of 'reforms.'