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Health

Republican Women Senators Breaking Ranks With Party, Come Out In Favor Of Obama Contraception Rule

While GOP senate minority leader Mitch McConnell (R-KY) has pledged to fight the Obama’s administration’s modified regulation requiring health insurers and busnisses to offer contraception coverage without additional cost sharing, the revised rule “appears to have won over” two of the five Republican women senators.

Sens. Olympia Snowe (ME) and Susan Collins (ME) — both of whom have sponsored legislation requiring insurers to offer contraception benefits in all health plans — are in favor of the new compromise, which would allow religiously affiliated colleges, universities, and hospitals to avoid providing birth control. Their employees will still receive contraception coverage at no additional cost sharing directly from the insurer:

It appears that changes have been made that provide women’s health services without compelling Catholic organizations in particular to violate the beliefs and tenets of their faith,” Snowe said in a statement. “According to the Catholic Health Association, the administration ‘responded to the issues [they] identified that needed to be fixed,’ which is what I urged the president to do in addressing this situation.

“While I will carefully review the details of the president’s revised proposal, it appears to be a step in the right direction,” Collins said in a statement. “The administration’s original plan was deeply flawed and clearly would have posed a threat to religious freedom. It presented the Catholic Church with its wide-ranging social, educational, and health care services, and many other faith-based organizations, with an impossible choice between violating their religious beliefs or violating federal regulations. The administration has finally listened to the concerns raised by many and appears to be seeking to avoid the threat to religious liberties posed by its original plan.”

Republicans in the senate seem determined to oppose the compromise and have introduced legislation that would allow employers or individuals to opt out of any benefit that undermines their moral beliefs. “They don’t have the authority under the First Amendment of the United States Constitution to tell someone in this country or some organization in this country what their religious beliefs are,” McConnell told “Face the Nation” on Sunday. “This issue will not go away until the administration simply backs down,” he said.

Sen. Kelly Ayotte (R-NH), who led the GOP’s opposition to the original rule, has yet to issue a statement on the measure and did not respond to ThinkProgress’ query about her position. Sen. Lisa Murkowski (R-AK) also did not respond. Sen. Kay Bailey Hutchison (R-TX) co-sponsored a 1999 bill requiring contraception equity in insurance coverage and has not yet to weigh in on the current debate.

Update

Ayotte tells the Washington Post’s Greg Sargent that she still opposes Obama’s proposal:

“The president’s proposal leaves religious institutions vulnerable to federal coercion. This debate has always been about religious freedom. As I fight for a full repeal of Obamacare, I will continue to push for a legislative solution that protects conscience rights.”

Health

Six Republican Senators — Including Snowe And Collins — Co-Sponsored Federal Contraception Mandate In 2001

Republicans have gone to war against President Obama’s regulation requiring employers and insurers to provide contraception coverage, portraying the measure as a “government takeover” of health care and pledging to repeal the rule in Congress. The measure, which is part of the Affordable Care Act, says that companies offering coverage must also provide birth control insurance (but exempts houses of worship and nonprofits primarily employing and serving those of the same faith).

The Obama measure closely resembles state laws providing equity in insurance coverage for contraception in six states and actually offers far more conscience protections than previous Congressional efforts to expand women’s access to birth control. For instance, a 2001 bill co-sponsored by Republicans Sens. Olympia Snowe (ME), Susan Collins (ME), Lincoln Chafee (RI), Gordon Smith (OR), John Warner (VA), Arlen Specter (PA) — S. 104 — sought to establish parity for contraceptive prescriptions within the context of coverage already guaranteed by insurance plans, but offered no opt-out clause for religious groups who opposed contraception:

SEC. 714. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.

`(a) REQUIREMENTS FOR COVERAGE- A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not–

`(1) exclude or restrict benefits for prescription contraceptive drugs or devices approved by the Food and Drug Administration, or generic equivalents approved as substitutable by the Food and Drug Administration, if such plan provides benefits for other outpatient prescription drugs or devices; or

`(2) exclude or restrict benefits for outpatient contraceptive services if such plan provides benefits.

“Women shouldn’t be held hostage by virtue of where they live,” Snowe told a Senate Health, Education, Labor and Pensions Committee hearing in September of 2001. “It simply is not fair.” “All we’re saying in this legislation is that if health insurance plans provide coverage for prescription drugs that that coverage has to extend to FDA-approved prescription contraceptives. It’s that simple.”

At the time, religious groups also raised concerns about the measure and Snowe promised to add a “conscience clause” that is similar to the exemption included in Maine’s law. Incidentally, that language is very similar to the conscience protections included in Obama’s regulation.

Health

Election-Wary Olympia Snowe Won’t Support Raising Medicare Age, Block Granting Medicaid

Sen. Olympia Snowe (R-ME), who is up for re-election in 2012, did not endorse a Republican proposal to increase the Medicare eligibility age and block grant the Medicaid program, Politico’s Matt DoBias notices. “Snowe was one of two GOP committee members who didn’t sign onto the Finance Committee Republican recommendations to the deficit supercommittee. The other was Jon Kyl of Arizona, and his absence was less notable because he’s a member of the debt panel”:

It was Snowe’s concerns over the potential for block grants, stricter Medicare enrollment requirements and possibility for cuts to Social Security benefits — and not the threat of repealing the reform law — that precluded her from signing onto the committee’s proposals.

“I spent a great deal of time reviewing the proposals and agree with many of them,” Snowe said in a written statement supplied by her office.

There were other areas of disagreement, too. Snowe wanted to require pharmaceutical companies to discount drugs used by some of Medicare’s costliest patients. Her Republican colleagues have been cool to idea.

Some of the committee’s health savings proposals are far from controversial and have been included in President Obama’s deficit reduction plan and the fiscal commission’s report. But the Medicare eligibility and Medicaid block grant restructuring are big stumbling blocks for election wary politicians because they are unpopular and face political opposition from within the Republican party. As Mississippi Gov. Haley Barbour (R) recently explained at the unveiling of the Republican Governors Association’s health policy report, “not all Republican governors may want a block grant. … It’s up to the states to decide.” Governors fear that converting the existing matching rate formula into a block grant would provide states with less money that they would have otherwise received and force local governments to cut eligibility to the program.

A Washington Post/ABC News poll conducted over the summer also found that 72 percent of Americans oppose cutting Medicaid spending — including 59 percent of self-identified Republicans — and 54 percent are against raising the Medicare eligibility age.

Health

Olympia Snowe Urges Constituents To Thank Court For Ruling Against The Individual Mandate She Voted For

Politico’s Pulse reports that Maine Sen. Olympia Snowe (R) “is inviting people to send a ‘thank you’ note to the 11th Circuit Court of appeals for deeming the individual mandate unconstitutional. “I applaud you and your efforts for standing up for the constitution and for defending my individual liberties,’ reads the note on her reelection website, conveniently omitting the fact the Snowe was the only Republican to vote in favor of the mandate when she supported moving the health reform legislation out of the Senate Finance Committee:

In fact, she did not publicly oppose the individual requirement to purchase coverage — which the 11th Circuit found unconstitutional — until October of 2009. Earlier that year, she had indicated that she could support an individual requirement if coverage became more affordable. “I understand the rationality behind the individual mandate,” Snowe said during the committee’s mark-up hearings. “Certainly we shouldn’t pay for those who don’t have health insurance.”

But this isn’t the first time Snowe has attempted to cloud her role in moving forward the health care legislation. In March, Snowe issued a press release announcing that she is co-sponsoring an amendment “to repeal the employer mandate imposed by the new health reform law.” The “mandate” she was referring to, however, is actually a “free rider” compromise provision that she helped broker in her effort to draft a bipartisan health care law.

NEWS FLASH

Snowe: No Medicare Or Social Security Cuts In Debt Deal | Republican Sen. Olympia Snowe (ME) said she will not support any debt deal that includes cuts to the two social safety net programs, citing “strong bipartisan support.” “There are solvency problems with both programs. They have to be addressed but not as part of the debt reduction talks,” Snowe told the Bangor Daily News. It’s unclear how she would square that position with her support for a balanced budget amendment. But Snowe added, “There are a lot of tax credits that are not needed and should be repealed” — a position with which Maine’s other Republican senator, Susan Collins, agreed. “We spend billions of dollars a year in subsidies that go to some very wealthy corporate farmers,” Collins said.

Economy

Senate Republicans Who Voted To Create CFPB Now Refuse To Confirm Its Director Without Changes

House Republicans this week passed a trio of bills aimed at reducing the independence of the Consumer Financial Protection Bureau (CFPB) that was created by the Dodd-Frank financial reform law. These changes — including replacing the Bureau’s Director with a five-person commission — would strike at the heart of the Bureau’s independence.

Not to be outdone, Senate Republicans sent a letter to President Obama this week saying that they will not vote to confirm a Director for the Bureau — who is supposed to be in place by July 21 — unless several changes are made to the Bureau’s structure:

As presently organized, far too much power will be vested in the CFPB director without any effective checks and balances. Accordingly, we will not support the consideration of any nominee, regardless of party affiliation, to be the CFPB director until the structure of the Consumer Financial Protection Bureau is reformed.

For starters, the notion that the CFPB has some unprecedented amount of power is absurd. Plenty of agencies are run by a single director, and the CFPB’s rules can already be vetoed by a two-thirds vote of the Financial Stability Oversight Council, which is tasked with policing systemic risk in the financial system.

Interestingly enough, two of the letter’s signatories — Sens. Susan Collins (R-ME) and Olympia Snowe (R-ME) — voted for the Dodd-Frank law, complete with the CFPB in its current form. In fact, during the Dodd-Frank debate, Snowe helped Democrats defeat a Republican proposal that would have scrapped the CFPB in favor of a consumer protection council.

Both Snowe and Collins have been running to their right recently, with Snowe in particular tacking that way in anticipation of a 2012 primary challenger. Yesterday, in fact, Snowe blocked a small business bill that she authored, throwing a fit over not receiving a vote on an amendment she authored with Sen. Tom Coburn (R-OK) that would block federal agencies from implementing regulations. She had previously called for a “clean” version of the small business bill to be passed.

The practical upshot of Senate Republicans refusing to confirm a nominee is that President Obama will have no choice but to make a recess appointment. But not every Senate Republican appears to be on-board with the GOP push to kneecap the CFPB, as both Sens. Scott Brown (R-MA) and Lisa Murkowski (R-AK) did not sign the letter to Obama.

Politics

(Corrected) Senators: ‘Women Will Die’ Without Planned Parenthood Funding

As the fight over funding the federal government heats up in Congress, one sticking point is sure to be Title X money for Planned Parenthood, which House Republicans voted to eliminate earlier this month. In the Senate, Republicans Scott Brown (MA) and Lisa Murkowski (AK) have broken with their party in support of continued funding for Planned Parenthood, noting it is one of the nation’s largest and most effective providers of womens’ health services. In an interview this weekend with the Anchorage Daily News, Murkowski A letter sent to Vice President Biden recently signed by 20 Democratic senators explained the stakes :

“More fundamentally, without the care Planned Parenthood provides — without access to Pap smears, pelvic exams and breast exams — women will die,” the senators said.

Indeed, one in five women in the U.S. have used one of Planned Parenthood’s 800 health centers, where the organization provides nearly one million Pap tests and more than 830,000 breast exams each year. The organization also administers nearly four million STD tests every year, including those for HIV. Just three percent of the organization’s work is related to abortions.

Meanwhile, The Hill reports that a number of moderate Republicans are signaling willingness to re-instate funds to Planned Parenthood. Sen. Olympia Snowe (R-ME) called “the outright elimination” of funding “a step too far,” while a spokesperson for her colleague Sen. Susan Collins (R-ME) called the House vote “unwise.” Meanwhile, a spokesperson for Sen. Mark Kirk (R-IL) said he “has always supported Planned Parenthood and family planning efforts.”

The three senators didn’t say how they would vote on a measure to defund Planned Parenthood, and Brown and Murkowski have both voted for the House-passed full-year government funding bill that contained a provision eliminating funds for the organization. As CAP’s Matt Yglesias wrote of Brown’s statement in support of the group, “If he’s voting to defund Planned Parenthood, then all the statements in the world don’t mean a thing.”

Update

An earlier version of this post incorrectly attributed the quote to Murkowski, instead of the letter from the 20 senators. We apologize for the error and have corrected it.

Yglesias

Olympia Snowe Should Have Voted For The Affordable Care Act

After all, failure to do so doesn’t seem to have endeared her to Maine conservatives:

It’s been clear for a long time now that Maine Republicans want to swap out Olympia Snowe for someone more conservative. Our newest poll in the state finds that hasn’t changed: only 33% of primary voters in the state say they would support Snowe next year to 58% who prefer a generic ‘more conservative candidate.’

The gripe with Snowe is pretty straight forward. 58% of primary voters think she’s too liberal to 37% who think she’s ideologically where she should be. Most GOP voters don’t really think Snowe belongs in their party- 34% think she ought to be an independent, 33% think she should be a Democrat, and only 27% feel that the GOP is indeed her rightful place.

A “yes” vote would have positioned her for a timely party switch, or a move to become an independent and hope the Democrats don’t mount a serious candidate against her. But as things stand, she’s mired in a kind of no-man’s land—she voted, in committee, for a tyrannical individual health care mandate but at the end of the day she stood against Barack Obama’s signature initiative. What’s keeping her alive right now is there’s no really solid conservative candidate in the field against her, but that may not be enough and it may not hold up.

Health

Olympia Snowe Co-Sponsors Bill To Repeal Employer Responsibility Provision She Crafted

Sen. Olympia Snowe (R-ME) — who is up for re-election in 2012 — has issued a press release announcing that she is co-sponsoring an amendment “to repeal the employer mandate imposed by the new health reform law”:

U.S. Senator Olympia J. Snowe (R-Maine) cosponsored legislation today to repeal the employer mandate imposed by the new health reform law. Senator Snowe, who opposes this mandate requiring employers to offer health insurance to their employees, filed an amendment during Senate consideration of the health care legislation to strike the provision altogether. Additionally, Senator Snowe is a cosponsor of legislation to fully repeal the health care law.

From the beginning, I strongly opposed this mandate, which will require small businesses with more than 50 workers to offer health insurance as a workplace benefit – or be subject to a fine of up to $2,000 penalty per employee. Worse still, the employer mandate captures part-time workers and seasonal workers who are employed for more than 120 days in determining whether a firm will be subject to the mandate.

The “mandate” Snowe is referring to is actually a “free rider” compromise provision that she helped broker as a member of the so-called ‘Gang of 6.’ Unlike the pay or play employer requirement that was part of earlier drafts of the law it doesn’t “require small businesses with more than 50 workers” to offer coverage. In fact that’s why Snowe eventually voted for the measure in the Senate Finance Committee.

As the National Journal reported on July 28, 2009, Snowe “emerged from bipartisan talks Monday confirming the employer mandate and, as expected, a public option would not make the final bill.” “We still have various options on the table, but we obviously are providing incentives in that regard,” Snowe said. “We don’t mandate employer coverage.” What the Finance Committee offered instead was a provision that did not require employers to provide insurance. However, by 2014, businesses with more than 50 employees that choose not to offer coverage, but have at least one full- time employee who receives a federal tax credit through an exchange, must compensate the government.

Progressives vehemently opposed the measure. As the Washington Post’s Steve Pearlstein explained at the time, “the provision would have the perverse effect of encouraging employers to fire, or not to hire, low-wage workers with children or spouses who are unemployed.” “Republican Olympia Snowe is said to be particularly enamored of this idea. I’d bet a two-pound lobster and bowl of Maine’s best chowder that she can’t find a labor economist back home who thinks this is a good policy,” he added. Sens. John Kerry (D-MA) and Chuck Schumer (D-NY) unsuccessfully offered an amendment to replace the free-rider provision with an employer mandate and the Snowe-crafted provision made its way into section 1513 of the Affordable Care Act.

Security

The DREAM Act’s Republican Landscape

Last night, Senate Majority Leader Harry Reid (D-NV) announced that he will introduce the DREAM Act after Thanksgiving. In a press release, Reid stated, “Last time we sought to bring up this bill, all Republicans blocked our effort, even though many have been supporters of the DREAM Act in the past. I hope that our Republican colleagues will join me, Sen. Durbin and Democrats in passing this important piece of legislation, now that we have a stand-alone version and that political season is over.”

Without the support of at least a handful of Republicans, the DREAM Act doesn’t stand a chance. Though the majority of Democrats support the legislation, Sens. Max Baucus (D-MT), Kent Conrad (D-ND), Byron Dorgan (D-ND), Kay Hagan (D-NC), Mary Landrieu (D-LA), Ben Nelson (D-NE), and Jon Tester (D-MT) have all either voted against the DREAM Act at some point in their careers or expressed reservations about the legislation. However, in the past, the DREAM Act has enjoyed the support of a handful of Republicans. Immigration reform used to be a bipartisan issue. Where these Republicans seem to stand now is outlined below:

LEANING YES:

Sen. Richard Lugar (R-IN): Lugar and Sen. Dick Durbin (D-IL) introduced the DREAM Act on March 26, 2009. Although Lugar voted against moving on the Department of Defense (DOD) bill which included the DREAM Act as an amendment, his senior adviser explained that the lawmaker objected to “a vote on proceeding to the defense bill in a very politically charged and unusual way. The DREAM Act deserves a proper debate on its merits.”

Sen. Bob Bennett (R-UT): Bennett voted to proceed with debate on the DREAM Act in 2007. Bennett was stripped of his party’s nomination earlier this year and will be leaving the Senate in a month. Essentially, he has nothing to lose by sticking to his guns.

TOSS-UPS:

Sen. Olympia Snowe (R-ME): Snowe voted to proceed with debate on the DREAM Act in 2007. Snowe justified voting against the DOD bill in September by saying that “the Senate should have the ability to debate more than the three amendments the Majority Leader is allowing.” Snowe is up for reelection in 2012 and could always choose to stick with her party to play it safe.

Sen. Susan Collins (R-ME): Like her colleague, Collins voted in favor of the DREAM Act in 2007. Before voting against proceeding with the DOD bill, Collins explained, “I find myself on the horns of a dilemma, I support the provisions in this bill. I think it is the right thing to do. I think it is only fair… But I cannot vote to proceed to this bill under a situation that is going to shut down the debate and preclude Republican amendments.” Although she is not up for reelection any time soon, like her colleague (Snowe), Collins is feeling pressure to move farther to the right.

Sen. George LeMieux (R-FL): LeMieux’s predecessor, Sen. Mel Martinez (R-FL) was a strong proponent of immigration reform and the DREAM Act. Since Rubio will replace him in 2011, LeMieux doesn’t have to worry about getting reelected. Yet, he is “mulling” a 2012 Senate bid. He has also expressed some hesitation about the bill, saying, “It’s a very difficult situation for kids who are brought to this country and it’s no fault of their own. I understand that and I am sympathetic, but to attach this to this [DOD reauthorization] bill without trying to fix our broken immigration system is disingenous and irresponsible.”

Sen. George Voinovich (R-OH):Voinovich voted against proceeding with the DREAM Act in 2007. However, he has been a strong proponent of AgJOBS, a bill that would put undocumented agriculture workers on a path to legalization and has often been perceived as a swing-vote on immigration bills. He is also retiring from the Senate at the end of the year.

Sen. Lisa Murkowski (R-AK):Murkowski voted against proceeding with the DREAM Act in 2007. However, she voted in support of the Comprehensive Immigration Reform Act of 2006. After a tough reelection race, it looks like she will be returning to the Senate to serve another a term. And chances are she’s not to happy with the Republican establishment after losing the Republican primary to Joe Miller.

LONG-SHOTS:

Sen. Kay Bailey Hutchison (R-TX): Hutchison voted in favor of the DREAM Act in 2007. However, since then, she has moved farther to the right on the immigration issue. She faces a tough primary in 2012.

Sen. John Cornyn (R-TX):Cornyn did not support the DREAM Act in 2007. Though he supported comprehensive immigration reform which included the DREAM Act in 2007, it doesn’t sound like he’s up for it in 2010. “This is getting to be a joke. No one believes that there is enough time that we could do a responsible job,” said Cornyn on the DREAM Act in July. According to him, the Senate should approach the issue in “a responsible, reasonable way and not just try to play to the peanut gallery and act like we’re going to do something we’re not.”

Sen. Jon Kyl (R-AZ): Kyl has supported immigration reform in the past, but voted against the DREAM Act in 2007. Like many of his colleagues, his immigration position has hardened and shifted to an enforcement-only approach.

Sen. Scott Brown (R-MA): Brown replaced the late Sen. Edward Kennedy (D-MA), a champion of immigrant rights and a tireless advocate for immigration reform. Though there is a lot a pressure on him to take a pro-immigrant stance, so far, he has stuck to his anti-immigrant guns. He recently lashed out at Harvard University, stating “They should embrace young people who want to serve their country, rather than promoting a plan that provides amnesty to students who are in this country illegally.”

DEFINITE NO:

Sen. Orrin Hatch (R-UT): Hatch has supported both the DREAM Act and immigration reform in the past. However, he is facing a tough reelection in 2012 and has already seen his colleague, Bennett, go down in flames. Given the political climate he’s facing in Utah, my guess is he’ll vote no.

Sen. Chuck Grassley (R-IA): Grassley voted in support of immigration reform in 2006, but against the DREAM Act in 2007. Over the past three years, his position on immigration has moved so far to the right, it is nearly unrecognizable.

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