The Irony of Ironies via Republican Poison Pills

H.R. 2577 is a conglomeration of a number of bills (Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017) that  the Senate needs to take action on failed a super-majority vote (60 votes) for cloture (the ability to be considered and voted for/against on the Senate floor).  One version of that bill was passed by the House and a different version of that/those bills passed the Senate.  Thus, it’s now gone to conference committee to work out the wrinkles between the two versions.

This conference agreement now includes the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2017, the Zika Response and Preparedness Appropriations Act, 2016, the Zika Vector Control Act, and an unacceptable ‘division’ on funds to be rescinded from programs the Republicans don’t particularly like.  That’s what came to the floor for a cloture vote, and it failed miserably — 52-48.

Really, Senator McConnell?  It’s too difficult for the general public to understand?  I don’t think so.

It’s one thing for Republicans to short-change President Obama’s funding request.  It’s another thing to start attaching ‘poison pills’ to the proposed legislation that limit or outright prohibit women’s choices.  When you introduce a funding proposal that limits the distribution of contraceptives and that prevents family planning organizations like Planned Parenthood from participating in the effort to help women in Zika-affected areas delay pregnancy, from a disease that not just contracted from a mosquito bite, but from sexual activity with an infected male partner, did you really think that Senate Democrats would just roll over and vote for that?

When you start gutting provisions of the Federal Water Pollution Control Act, did you honestly believe that Democrats would just roll over and just vote for that?

SEC. 2. MOSQUITO CONTROL WAIVER.
Notwithstanding section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), during the 180 day period following the date of enactment of this Act the Administrator of the United States Environmental Protection Agency (or a State, in the case of a permit program approved under subsection (b)) shall not require a permit for a discharge from the application by an entity authorized under State or local law, such as a vector control district, of a pesticide in compliance with all relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) to control mosquitos or mosquito larvae for the prevention or control of the Zika virus.

When you start stripping funding for the Patient Protection and Affordable Care Act (Obamacare), did you really expect Democrats to just roll over, see the light and vote your way?  Or, when you decide to fund your bill by stripping balances  from the Departments of Labor, Health and Human Services, and Education, did you really expect Democrats to go “oh yeah, that’s a great idea” and vote in favor of your bill?  Or better yet, given that we already know that you stripped a bunch of funding from the State Department for Embassy security that might have made the outcome in Benghazi drastically different, did you really expect the Senate Democrats to let you strip even more funding for the State Department and other Foreign Operations?

Are you nuts?  They certainly weren’t and neither am I.  It took me hours to sort through all the links on Congress.gov, but here’s what I found:

DIVISION D–RESCISSIONS OF FUNDS

Sec. 101.
(a) $543,000,000 of the unobligated amounts made available under section 1323(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18043(c)(1)) is rescinded immediately upon enactment of this Act.

Sec. 1323. Community health insurance option. Requires the Secretary to offer a Community Health Insurance Option as a qualified health plan through Exchanges. Allows States to enact a law to opt out of offering the option. Requires the option to cover only essential health benefits; States may require additional benefits, but must defray their cost. Requires the Secretary to set geographically adjusted premium rates that cover expected costs. Requires the Secretary to negotiate provider reimbursement rates, but they must not be higher than average rates paid by private qualified health plans. Subjects the option to State and Federal solvency standards and to State consumer protection laws. Establishes a Start-Up Fund to provide loans for initial operations, to be repaid with interest within 10 years. Authorizes the Secretary to contract with nonprofits for the administration of the option.

(b) $100,000,000 of the unobligated balances available in the Nonrecurring expenses fund established in section 223 of division G of Public Law 110-161 (42 U.S.C. 3514a) from any fiscal year is rescinded immediately upon enactment of this Act.

DIVISION G–DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title I–Department of Labor
Title II–Department of Health and Human Services
Title III–Department of Education
Title IV–Related Agencies
Title V–General Provisions
Title VI–National Commission on Children and Disasters

(c) $107,000,000 of the unobligated balances of appropriations made available under the heading Bilateral Economic Assistance, Funds Appropriated to the President, Economic Support Fund in title IX of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113-235) is rescinded immediately upon enactment of this Act: Provided, That such amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Personally, I side with Senate Minority Leader Harry Reid who declared, “It is unbelievable that somebody would have the audacity to come to the floor and say it’s Democrats’ fault. A significant amount of American women, especially young women, go to Planned Parenthood, and the Republicans want to say, ‘you can’t do that.’” Why indeed would Democrats not just prohibit Planned Parenthood from providing any services, but gut the EPA’s ability to assure clean water and harm HHS’s ability to manage health insurance options for not just Puerto Ricans, but millions of American families across our nation?  Apparently Sen. McConnell completely missed the irony of claiming to improve women’s health by prohibiting and defunding health opportunities for women altogether.


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Pelosi Statement on Failed House Republican Veto Override Vote

Washington, D.C. – Democratic Leader Nancy Pelosi released the following statement after House Republicans failed to override the President’s veto of their budget reconciliation bill to defund Planned Parenthood and repeal the Affordable Care Act:

“It is deeply fitting that Republicans chose Groundhog Day for their failed veto-override vote. Today, instead of working to create good-paying jobs or raising the paychecks of hard-working Americans, Republicans once again recycled their dead-end special interest assault on women and working families.

“Today’s failed vote represents Republicans’ 63rd vote to repeal or undermine the Affordable Care Act and their 12th vote to attack women’s health in the 114th Congress alone. With this vote, Republicans have once again tried to take family planning and lifesaving preventive care away from millions of women across America. With this vote, Republicans tried to shatter the affordable health care of 22 million Americans.

“Again and again and again, the Republican Congress returns to these toxic, hollow bills. House Republicans’ self-declared ‘factory of new ideas’ is stuck in a miserable remake of Groundhog Day – and the women and working families of America aren’t laughing. The American people need the Republican Congress to set aside their radical obsessions and join Democrats to grow their wages and strengthen their security for the future.”


Note: All three of Nevada’s Republican members of the US House voted FOR passage of the bill to override President Obama’s veto of HR 3762.  Their efforts failed.

Veto Message from the President to the Republiban re: HR3762 ACA Repeal

— by Vickie Rock, Humboldt Democrats

After the 62nd vote to repeal “Obamacare” (the Patient Protection and Affordable Care Act) which has now been upheld by the Supreme Court TWICE, the Republiban members of Congress finally managed to pass HR 3762. Inaptly named, the bill that would have done the exact opposite of its title: “Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015.”  Restoring “Americans'” freedom?  Nope!  More like restoring the freedom for Insurance Corporations to give Americans the short shrift related to any hope of accessing healthcare insurance and thus health care itself.

And just so you know, each and every Nevada Republican in the House of Representatives, Rep. Mark Amodei (CD2), Rep. Joe Heck (CD3), and Rep. Cresant Hardy (CD4) voted FOR passage of HR 3762 (as well as a large number of previous bills) which would not just repeal the Affordable Care Act for millions of Americans who can barely afford health insurance as it is, but would have also revoked any and all funding received by Planned Parenthood by folks who not only can’t afford health insurance, but can’t afford health care either.  Senator Dean Heller also voted FOR passage (repeal) in the Senate in December preceding the vote in the House.

Today, at the stroke of his pen, President Obama showed us exactly HOW important it is that we have a Democratic President in the oval office as he promptly and unceremoniously vetoed their wasted efforts.  Here’s his message back to Congress:

TO THE HOUSE OF REPRESENTATIVES:

I am returning herewith without my approval H.R. 3762, which provides for reconciliation pursuant to section 2002 of the concurrent resolution on the budget for fiscal year 2016, herein referred to as the Reconciliation Act.  This legislation would not only repeal parts of the Affordable Care Act, but would reverse the significant progress we have made in improving health care in America.  The Affordable Care Act includes a set of fairer rules and stronger consumer protections that have made health care coverage more affordable, more attainable, and more patient centered.  And it is working.  About 17.6 million Americans have gained health care coverage as the law’s coverage provisions have taken effect.  The Nation’s uninsured rate now stands at its lowest level ever, and demand for Marketplace coverage during December 2015 was at an all-time high.  Health care costs are lower than expected when the law was passed, and health care quality is higher — with improvements in patient safety saving an estimated 87,000 lives.  Health care has changed for the better, setting this country on a smarter, stronger course. 

The Reconciliation Act would reverse that course.  The Congressional Budget Office estimates that the legislation would increase the number of uninsured Americans by 22 million after 2017.  The Council of Economic Advisers estimates that this reduction in health care coverage could mean, each year, more than 900,000 fewer people getting all their needed care, more than 1.2 million additional people having trouble paying other bills due to higher medical costs, and potentially more than 10,000 additional deaths.  This legislation would cost millions of hard-working middle-class families the security of affordable health coverage they deserve.  Reliable health care coverage  would no longer be a right for everyone:  it would return to being a privilege for a few.

The legislation’s implications extend far beyond those who would become uninsured.  For example, about 150 million Americans with employer-based insurance would be at risk of higher premiums and lower wages.  And it would cause the cost of health coverage for people buying it on their own to skyrocket.  

The Reconciliation Act would also effectively defund Planned Parenthood.  Planned Parenthood uses both Federal and non-federal funds to provide a range of important preventive care and health services, including health screenings, vaccinations, and check-ups to millions of men and women who visit their health centers annually.  Longstanding Federal policy already prohibits the use of Federal funds for abortions, except in cases of rape or incest or when the life of the woman would be endangered.  By eliminating Federal Medicaid funding for a major provider of health care, H.R. 3762 would limit access to health care for men, women, and families across the Nation, and would disproportionately impact low-income individuals.

Republicans in the Congress have attempted to repeal or undermine the Affordable Care Act over 50 times.  Rather than refighting old political battles by once again voting to repeal basic protections that provide security for the middle class, Members of Congress should be working together to grow the economy, strengthen middle-class families, and create new jobs.  Because of the harm this bill would cause to the health and financial security of millions of Americans, it has earned my veto.

The Republiban may have used procedural shenanigans to enable them to pass HR 3762, but to override President Obama’s veto, the Republiban would need a two-thirds affirmative vote on repeal bill.  The don’t have that.  This was all for show for the rabid GOP base heading into the November election.  But more than that, it’s a serious red-flag warning to Democrats that if we don’t overwhelm the polls this November to begin taking back Congress, and instead all the Republiban to hold onto Congress plus, take the White House, you can kiss the American Dream goodbye and buy the coffin as it will truly be dead.

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The Abortion Case That Could Overturn Roe v. Wade Has A Lot Of Opponents

— by Alex Zielinski, a health reporter at Think Progress

CREDIT: AP PHOTO, PABLO MARTINEZ MONSIVAIS

US Capitol police officers line-up in front of pro-abortion rights demonstrators on Thursday, Jan. 22, 2015, at the Supreme Court in Washington.

A looming Supreme Court case that could severely undermine the right to an abortion has attracted an unprecedented amount of opposition from across the country.

A slew of organizations and individuals filed 45 legal briefs in the Supreme Court on Tuesday, each brief examining the case through a unique lens and each coming to the same conclusion: State laws that restrict abortion access are unconstitutional.

The case will examine the validity of a Texas law, known as HB2, that places burdensome, unnecessary guidelines on the state’s dwindling abortion clinics. These regulations, while framed as improvements to safeguard “women’s health,” ultimately have nothing to do with patient safety — and were instead created by anti-abortion legislators to impose additional, costly red tape on clinic staff. So far, it’s been successful. HB2 has already forced half of the state’s clinics to close, thus cutting Texas’ abortion providers in half.

The Supreme Court case, Whole Women’s Health v. Cole, won’t only decide if Texas’ law is constitutional. Depending how the court rules, the decision could also give legal cover to all states seeking to enact laws that appear to function as health regulations, but that actually exist to restrict access to abortion. The oral arguments for the case begin in March.

Reproductive rights advocates have been outspoken since HB2 passed in 2013, but since the Supreme Court’s  November decision to hear the case, the diversity of opponents has grown. The 45 briefs were filed by a variety of petitioners, including physicians, historians, religious leaders, military officers, scientists, members of Congress, civil rights advocates, law scholars, entire cities, and the United States federal government itself.

“Never before has such a diverse array of organizations and leaders…stepped forward to condemn abortion restrictions at the U.S. Supreme Court,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, in a statement.

Among the briefs were voices of actual women who’ve been affected by the lack of abortion access in the past — a voice some say is forgotten in the high-level case.

“The Supreme Court justices need to hear the real effects of restrictive abortion laws on women like this one in Texas,” said Debra Hauser, the president of Advocates for Youth, a group helping young people access comprehensive sexual health education. Hauser shared her personal experience with abortion in her organization’s brief.

“What is missing from this issue are our personal stories. The reality is that one in three women will have an abortion in her lifetime.”

Many of those women shared their stories in another brief submitted Tuesday, representing 110 law professionals who’ve had abortions. Some noted how they would have never had the chance to become a lawyer if they hadn’t had an abortion when they did.

“[Our] experiences demonstrate the real world effects of abortion access on the lives and careers of women attorneys, and underscore the truth of the court’s observation that reproductive choice facilitates women’s ability ‘to participate in the economic and social life of the nation,’” the brief reads.

According to Northup, the briefs represent the largest coalition of faith leaders and faith organizations ever to oppose anti-choice laws at the Supreme Court level. In the legal brief filed by a large collection of different religious leaders, the petitioners stress their support of abortion access — despite efforts from more radical religious organizations to say otherwise.

“As religious leaders and pastoral counselors, [we] provide spiritual guidance to women facing this decision and believe that this complex decision is ultimately a moral one,” the brief reads. “While various religious groups in this country hold differing views on abortion, there is substantial agreement that women have a moral right to make their own decisions on the issue.”

A group of 40 prominent scientists also submitted a brief Tuesday, hoping to overrule the “flawed pseudoscience” that will be used in testimony to support the case.

“We hope the court is able to put abortion politics aside and focus on the illegitimacy of the medical claims propping up the restrictions,” said Robyn Blumner, president and CEO of the Richard Dawkins Foundation for Reason & Science. “When science claims are used to infringe a constitutional right they had better be valid, but that’s not the case here.”

A Tuesday press call drew a variety of opponents together, including Wendy Davis, the former Texas state senator who led an 11-hour filibuster in an attempt to defeat HB2, and Planned Parenthood CEO Cecile Richards, to further illustrate the severity of this case. Jessica González-Rojas, the executive director of the National Latina Institute for Reproductive Health, also spoke on the call, representing the women already harmed the most by the current Texas law.

“For immigrants, mothers, low-wage workers, and Latinas who are all three, securing an abortion means navigating a state-created obstacle course,” she said. “Those unable to jump through these hoops will be forced to carry an unwanted pregnancy to term or take matters into their own hands.”

Since HB2 was enacted, at least 100,000 Texan women have tried to induce their own abortion, due to the cost driving to a distant abortion clinic, taking time off work to do so, and other frustrating roadblocks to make it difficult for them to legally end a pregnancy.

The legal briefs filed, which represent more than 1,000 opponents in total, may shine more light on the broader impact the pending case could have on women across the country — an impact that has already left Texas in a health crisis.

“These briefs present a thorough record of the undeniable damage Texas’ sham law has,” concluded Northup. “It will continue to cause, and an indisputable legal argument for why it must be struck down.”


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe. ‘Like’ CAP Action on Facebook and ‘follow’ them on Twitter

Planned Parenthood Facilities Raided by TX Governor’s Goons

368Anna, Victoria, Bobby, Manny, and the rest of the team

Officials from Republican Texas Governor Greg Abbott’s administration have raided Planned Parenthood health centers across the state, demanding the confidential records of women who visited the health centers, including ultrasound records.  The news is especially alarming for a state with an extensive history of criminalizing abortion.

And the raids came just three days after Gov. Abbott announced that the state will end the one remaining source of government funding for Planned Parenthood—funding to provide health care for families earning less than 19 percent of the federal poverty level, or $3,760 for a family of three.

In total, seven states have eliminated funding for Planned Parenthood since the summer despite having done nothing wrong. And the U.S. House of Representatives recently passed a special budget bill to defund Planned Parenthood that cannot be blocked in the Senate using the filibuster, which is how other bills have been stopped from attacking the organization.

MoveOn.org has put together a plan to fight back:

  • Turn up the heat on vulnerable Republican senators running for re-election next year by holding events outside their in-state offices and running powerful social media campaigns targeting them for waging a war on women.
  • Run a hard-hitting media campaign to expose the attacks on Planned Parenthood for what they are: propaganda designed to close down health clinics and ban abortion.
  • Ramp up campaigns in the next set of states where Republicans are going after Planned Parenthood funding.

We simply cannot allow anti-abortion extremists to destroy an organization that helps so many people—or to roll back women’s rights and access to health care. 

Click here to chip in and stand with Planned Parenthood.

Planned Parenthood is under an all-out assault. But our fighting back has made a huge difference, including helping stop bills to defund Planned Parenthood in the U.S. Senate. Specifically:

  • I recently traveled to Washington, D.C., where I met in person with Senators Elizabeth Warren and Harry Reid to bring them 1.2 million signatures from MoveOn members and key partners supporting Planned Parenthood.
  • We flooded Senate offices with 10,000 phone calls.
  • We ran ads highlighting how Planned Parenthood has helped individual MoveOn members.
  • We partnered with Planned Parenthood to organize 138 rallies and other visibility events across the country on #PinkOut Day last month.
  • And, on the state level, we supported numerous MoveOn members in leading petition campaigns and other organizing to stop their states from defunding Planned Parenthood.

Now, we need to show that attacking Planned Parenthood is a political loser and will cause vulnerable Republicans running for re-election next year to lose support among women. We know this strategy can work because Planned Parenthood is enormously popular. And we’ve used this strategy before and won: The Republican War on Women is a big reason why Todd Akin and Mitt Romney lost their elections in 2012.

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Playing Doctor with Americans’ Lives

3Doctors400Republicans, in both the House and the Senate, are currently colluding to gut Healthcare Reform and deny actual healthcare to millions of women across our nation using a process called Reconciliation.  Reconciliation is an expedited budgetary process that offers some procedural advantages: it needs only the support of a simple majority in the Senate, and cannot be filibustered. The bill they intend pass via reconciliation is HR3762, inappropriately named, “Restoring Americans’ Healthcare Freedom Reconciliation Act” … it should be named “Butchering All Hope of Being Able to Afford Effective Healthcare Act.”

This reconciliation bill includes language to repeal key parts of Obamacare: the individual mandate, the employer mandate, the medical device tax and the ‘Cadillac tax.’ There are press posts saying that it will also end the Independent Payment Advisory Board (IPAB), but I can’t find such a provision in the bill.In addition, it would defund Planned Parenthood for one year

Defunding Planned Parenthood for a Year—

Here’s the section which specifically codifies the vilification of Planned Parenthood as a “Prohibited Entity” that just happens to provide “essential” healthcare for millions of women across our nation:

SEC. 202. FEDERAL PAYMENT TO STATES.
(a) In General.—Notwithstanding section 504(a), 1902(a)(23), 2002, 2005(a)(4), 2102(a)(7), or 2105(a)(1) of the Social Security Act (42 U.S.C. 704(a), 1396b(a)(23), 1397a, 1397d(a)(4), 1397bb(a)(2), 1397ee(a)(1)), or the terms of any Medicaid waiver in effect on the date of enactment of this Act that is approved under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n), for the 1-year period beginning on the date of the enactment of this Act no Federal funds may be made available to a State for payments to a prohibited entity, whether made directly to the prohibited entity or through a managed care organization under contract with the State.

(b) Definition Of Prohibited Entity.—In this section, the term “prohibited entity” means an entity, including its affiliates, subsidiaries, successors, and clinics—

(1) that, as of the date of enactment of this Act—

(A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code;

(B) is an essential community provider described in section 156.235 of title 45, Code of Federal Regulations, that is primarily engaged in family planning services, reproductive health, and related medical care; and

(C) provides for abortions, other than an abortion—

(i) if the pregnancy is the result of an act of rape or incest; or

(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself; and

(2) for which the total amount of Federal and State expenditures under the Medicaid program under title XIX of the Social Security Act in fiscal year 2014 made directly to the entity and to any affiliates, subsidiaries, successors, or clinics of the entity, or made to the entity and to any affiliates, subsidiaries, successors, or clinics of the entity as part of a nationwide health care provider network, exceeded $350,000,000.

[Emphasis mine]

Please note that the provisions to completely eliminate any funds for Planned Parenthood were proposed and recommended by the Ways and Means Committee currently led by Rep. Paul Ryan, that same Paul Ryan who will is expected to be elected as Speaker of the House next Wednesday — that is, unless the right wing extremists of the Republican Freedom Caucus renege and cast their votes for their beloved Rep. Daniel Webster instead.

Repealing the Individual and Employer Mandates —

Repealing individual mandate provisions are likely to increase, rather than decrease, the number of U.S. residents without health coverage, thus eliminating the progress that has been made in holding people responsible for their healthcare.  If the CBO forecasts are correct, the H.R. 3762 mandate repeal provisions could increase the number of uninsured U.S. residents by 55 percent to 65 percent. But, that’s okay with Republicans because for each person who doesn’t buy health insurance, the government doesn’t have to shell out $760-$815.  But they took it one step further.  To help their corporate benefactors, they also plan on repealing the mandates on employers to provide medical coverage.  Thus, ordinary Americans seeking to access affordable healthcare coverage for themselves and their families are going to rapidly find themselves up the proverbial creak, with no paddle, a leaky boat and no pail with which to bail out their boat.

The house voted on passage of HR3762 on Friday.  The vote was 240-189 with 5 Democrats not voting.  One Democrat (Peterson) voted for passage and ALL THREE of Nevada’s Congressional Republicans voted ‘AYE’ for passage! The bill is now off to the Senate, where it can be considered without a 60-vote cloture requirement (assuming the package passes muster with the Senate “Byrd Rule.”).

The Byrd Rule is a Senate rule that amends the Congressional Budget Act of 1974 to allow Senators, during the Reconciliation Process, to block a piece of legislation if it purports significantly to increase the federal deficit beyond a ten-year term or is otherwise an “extraneous matter” as set forth in the Budget Act.  It is named after West Virginia Senator Robert Byrd.

The Congressional Budget Office (CBO) assessed the effects of HR3762 on long-term deficits and direct spending as follows:

  • Including macroeconomic feedback, CBO and JCT estimate that enacting the legislation would increase net direct spending as well as on-budget deficits by more than $5 billion in one or more of the four consecutive 10-year periods beginning in 2026.
  • Excluding macroeconomic feedback, CBO and JCT estimate that enacting the legislation would not increase net direct spending by more than $5 billion in either of the first two consecutive 10-year periods beginning in 2026; however, the agencies are not able to determine whether enacting the legislation would increase net direct spending by more than $5 billion in the third or fourth 10-year period.
  • Excluding macroeconomic feedback, CBO and JCT estimate that enacting the legislation would increase on-budget deficits by more than $5 billion in one or more of the four consecutive 10-year periods beginning in 2026.

And because enacting the legislation would affect direct spending and revenues, ‘pay-as-you-go procedures‘ apply.

The President is then expected to veto, setting up the need for a veto-override vote in Congress.  In a statement promising Obama’s veto, the White House said the GOP measure “would take away critical benefits and health care coverage from hard-working middle-class families.”

However, a conservative revolt could derail the bill’s progress, as some conservative groups are opposing because the bill leaves some parts of ObamaCare intact


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