By a vote of 54 to 45, the Senate blocked passage of a provision that would have prohibited federal funding of abortion within the Democratic health care plan, setting up an intraparty conflict that jeopardizes the entire bill.
The vote on the abortion language came as Democrats looked to abandon the government insurance plan in the bill. Democrats appear to be nearing agreement on a proposal that would instead expand Medicare coverage, currently reserved for Americans 65 and older, to those 55 and older. The compromise plan would also create an insurance program similar to the one used by federal employees.
The defeat of the abortion provision however, means that no matter how they compromise on other aspects of the $848 billion legislation, at least one pro-life Democrat, Sen. Ben Nelson, of Nebraska, will move to filibuster a final vote on the bill.
Six other Democrats voted with Nelson against tabling the measure.
“I think you can see from the votes that it creates an additional challenge,” Sen. Kent Conrad, D-N.D., said. “And there will have to be some way of dealing with it.”
Nelson said after the defeat of his amendment that he saw little room for compromise on the matter.
“This was decided,” Nelson said. “If others develop a plan B, I will look at plan B, but I can’t imagine how it will be satisfactory.”
The Senate had been debating the amendment for more than a day. Democratic opponents to the provision said it went beyond current federal law that bans taxpayer funding of abortion under most instances.
Sen. Ben Nelson, D-Neb., co-sponsored an amendment that would have ensured that no federal taxpayer dollars would be used to pay for abortion by prohibiting the use of subsidies to buy a health insurance policy that covers the procedure.
The language would also have blocked federal funding of abortion for those who purchase a government-run plan. Women who wanted to include abortion services would have to purchase an addition to their coverage using their own money.
The language mirrors a provision authored by Bart Stupak, D-Mich, which passed in the House health care bill last month.
Among those who voted to table Nelson’s amendment was Sen. Harry Reid, D-Nev., who describes himself as pro-life. Reid gave a lengthy floor speech emphasizing his opposition to abortion, but said Nelson’s provision exceeds the current federal standard and he warned his Democratic colleagues not to use the issue to defeat the health care bill.
“This is not the right place for this debate,” Reid said. “We have to get on to the larger issue at hand. We need to get moving toward the finish line and not be distracted by division.”
In addition to Nelson, Democratic Sens. Evan Bayh, of Indiana, Robert Casey, of Pennsylvania, Kent Conrad and Byron Dorgan, of North Dakota, Ted Kaufman, of Delaware and Mark Pryor, of Arkansas, voted against tabling the amendment.
Democratic leaders will have to come up with some kind of compromise for this group.
“Seven Democrats voted for this,” said Sen. Orrin Hatch, R-Utah., a co-sponsor of the amendment. “It sends a message.”
“I believe this would be a harsh and unnecessary step backward in health care coverage for American women,” Sen. Dianne Feinstein said.
“I believe this would be a harsh and unnecessary step backward in health care coverage for American women,” Sen. Dianne Feinstein said.
Nelson and other proponents, mostly Republicans, said the Democratic health care plan as written does not prohibit taxpayer money from being spent on abortion services.
“The current health care bill we are debating should not be used to open a new avenue for public funding for abortions,” Nelson said.
Conrad said senators are talking about compromise language on abortion funding, which would at least appease the six other Democrats who voted with Nelson but have not threatened to block the bill because of the issue.
In place of Nelson, Democrats could achieve the 60-vote threshold they need to pass a final health care bill with the help of Sen. Olympia Snowe, R-Maine. Snowe said she found the latest plan to replace the public option “intriguing” but she is opposed to the expansion of Medicare, which would be needed to lure in Democratic liberals in lieu of the public option.
“I would love to get that,” Sen. Jay Rockefeller, D-W.Va., said of a Medicare expansion.
