There was some talk among Senate leadership on Thursday of putting together a letter signed by 51 Democratic senators pledging to pass a cleanup bill if the House would pass the Senate bill. But that effort fizzled when support for it didn’t materialize, insiders said. “The Senate moderates’ viewpoint is, ‘We passed our bill. We’re not going to spend three weeks on some other bill,’” said a Democratic lobbyist who represents clients pushing for reform.

(Emphasis supplied.) The Senate is the problem. First they let Max Baucus waste 3 months last summer on health care. Then they let Max Baucus insert the poison pill excise tax. Now they refuse to agree to fix the excise tax. The Senate has always been the problem on the health bill.

Speaking for me only

Manuel Zelaya is leaving Honduras for the Dominican Republic next week. Which put me in my mind of my friend Al Giordano to see what his reaction would be. Nothing on Zelaya, but I did find Al doing his best Lanny Davis/Al From imitation. The funny thing is all the Poutrage Al complains about is coming from his buddies the Village bloggers. They are the ones going Nader.

This is an Open Thread.

Paul Krugman urges House Dems to commit political suicide and pass a health bill without an excise tax fix. Krugman seems oblivious to the political realities. Now more than ever, after the Supreme Court's Citizen's United decision (which also abolished limits on union spending on elections), having the unions firmly on the side of Democratic candidates is critical for avoiding an utter rout in November.

In addition, Krugman seems to have no clue what the House Dems are offering - passage of the Senate bill in exchange for a parallel reconciliation bill that reflects modifications of the Senate bill - most prominently to the excise tax. Krugman's tirade is completely separated from political reality and the actual discussion taking place now. Then again, maybe Krugman has a good GOTV operation to make up for it.

Speaking for me only

A lot of people who championed the excise tax are very upset that the House Dems will not pass the Senate health bill stand alone. I've spent most of the past few days arguing that without a fix of the excise tax (via a companion reconciliation bill), House Dems will never pass the Senate bill because the unions, one of the most important constituencies in the Dem coalition, especially when it comes to electoral activities, will vehemently oppose passage. Of course, it is not clear that even with the excise tax fix, passage would occur. But without the fix, it definitely will not be passed. House Speaker Nancy Pelosi simply can not even approach the 218 vote number without an excise tax fix.

Which raises the question - was the excise tax worth it? If the health bill dies now, the main reasons for its death will be the decision to let Max Baucus hijack the process last summer and then allowing Baucus to insert the excise tax financing mechanism instead of using the House mechanism of a tax on the wealthy (those earning over $500,000 a year.) If the health bill fails, the overreach of Baucus, endorsed by most Village Dems, will be the main culprit. Was it worth it? I assume there may be some regrets on that score now.

Speaking for me only

The late show wars have ended: Conan O'Brien gets $30 million, his staff $12 million and Jay Leno will be back hosting the Tonight Show in the 11:35 PM ET time slot.

I'm not a regular late night TV watcher (not surprising, given how much prime time I watch) but when I do watch Letterman or Leno, it's because of the guests, not the host. I'm also not a fan of Jimmy Kimmel, too much schtick. (He reminds me of his ex-girlfriend Sarah Silverman who I'm also not a fan of...two peas in a pod.)

The one who stands out to me, and it didn't happen overnight, is Jimmy Fallon. At first he seemed too eager and upbeat, like a kid in a candy store. But now I like his spontaneity and he's funny. He doesn't even need guests. I really like when he joins in to play music or sing. For someone so vanilla looking, he's got some rhythm, and he pulls off the vocals. [More...]

The Senate Judiciary Committee finally approves a crime bill, and which one is it? The Webb Criminal Justice Commission bill ordering an 18 month study of criminal justice policies. Here's the amended bill voted out of committee today.

I hope this does not result in an 18 month moratorium on the passage of much needed crime bills that have been languishing for months and years, like bills to equalize the penalties for crack and powder cocaine and reduce or eliminate mandatory minimum sentences, or increase federal good time.

As I wrote ten months ago when this bill was introduced, we don't need another study. We know what's wrong. It's time to fix it, not issue yet another report. (The U.S. Sentencing Commission has issued multiple reports on the unfairness of mandatory minimums and crack-powder and not one has been acted on. Do we really need more?)

Unfortunately, this is happening in India, not the United States:

Prisoners in the Indian state of Madhya Pradesh are being freed early if they complete yoga courses. For every three months spent practising posture, balance and breathing the inmates can cut their jail time by 15 days.

The authorities say the lessons help to improve the prisoners' self-control and reduce aggression. Some 4,000 inmates across the state are benefiting from the scheme, and many go on to become yoga instructors.

There's an added benefit: Many inmates get a job teaching yoga after their release. Another example of how to be smart about crime instead of just tough on crime. California, are you listening? You've already got a few programs in place.

On the call:

Brennan Center Executive Director Michael Waldman, NYU Law Professor and Supreme Court Litigator Burt Neuborne, Brennan Center campaign finance expert Monica Youn, and Heather Gerken, Elections Law Professor at Yale Law School.

First up, Burt Neuborne. The importance of the Citzens United case is that it gives a green light to allow unfettered corporate money into our political system after a century of understanding that this is deleterious not only to our political system but also to our system of commerce. It's gonna change our democracy and make it vulnerable to massive infusions of money. More . . .

If you live in Boulder, this is your opportunity to be heard on medical marijuana dispensary rules. Please take the time to participate in this brief survey.

Background: The City of Boulder is requesting feedback on interim medical marijuana land use regulations established in November 2009, which are set to expire on March 31. They are in the process of drafting comprehensive land use regulations for medical marijuana businesses which they will bring to the Planning Board and City Council. The feedback will be used by city officials in developing recommendations for the permanent regulations. [More...]

The California Supreme Court today in a much-anticipated decision, People v. Kelly, ruled for medical marijuana patients and caregivers and invalidated part of a legislative amendment to the state's medical marijuana law that imposed limits on the amount of pot one could grow or possess in order to raise the state statute as an affirmative defense in a criminal case.

Today's decision also affirms protection from arrest and prosecution for patients who both possess a state-issued identification card and comply with state or local personal use guidelines.

"The California Supreme Court did the right thing by abolishing limits on medical marijuana possession and cultivation," said Joe Elford, Chief Counsel with Americans for Safe Access, the country's largest medical marijuana advocacy group. "At the same time, the Court may have left too much discretion to law enforcement in deciding what are reasonable amounts of medicine for patients to possess and cultivate."

[More...]

WaPo:

House Speaker Nancy Pelosi said Thursday that [. . .]"I don't think it's possible to pass the Senate bill in the House," Pelosi told reporters after a morning meeting with her caucus. "I don't see the votes for it at this time." [. . .] Aides said afterward that the best option would be for the Senate to pass a bill that fixes those and other issues under fast-track rules that require a simple majority. But the Senate has not agreed to do so.

This is the political reality. Whether Village Dems will accept that or not, that is where we are.

UPDATE: Pelosi says not enough votes for Stand alone Senate bill (meaning she needs a companion reconciliation fix, as her aides stated to the WaPo.) Josh Marshall's head explodes.See Greg Sargent for a measured response.

Village Dems and bloggers are going wild urging the passage of the Senate Stand Alone bill. Matt Yglesias called Raul Grijalva a "monster." Kevin Drum has his pitchfork out. Josh Marshall is melting down. Ezra Klein is suggesting "going Nader". But then Ezra Klein stumbled upon the sweet spot: