Drug Importation Amendments Fail With White House Push On Behalf Of Big PhRMA

The Senate voted late yesterday, taking up amendments to the health care bill sputtering through Congress as it sheds one ameliorative feature after another. Before they got down to rejecting two amendments providing for the importation of foreign drugs, they passed a feel-good, symbolic resolution to protect middle class families from tax increases. The only "no" vote was obsessive contrarian, feel-bad Senator Ben Nelson, who is elected by the people of Nebraska to represent the Insurance Industry. That was quickly followed by the ritual Republican call for recommitting the bill (killing it, something that is looking more and more attractive to grassroots Democrats these days, if not to the ruling class part of the party). It was defeated 45-54, every Republican plus Evan Bayh, Blanche Lincolln, Maria Cantwell, Ben Nelson and Amy Klobuchar voting to kill the bill.

By 6:45pm, the first of the two drug importation bills, the one proposed by Byron Dorgan, came up for a vote. It failed 51-48 with no apparent partisan lines drawn, neither by party nor faction. Progressives like Sherrod Brown (D-OH), Russ Feingold (D-WI) and Al Franken (D-mn) voted "yes," along with knee-jerk obstructionist reactionaries like Ben Nelson (D-NE), David Vitter (R-LA), John McCain (R-AZ), Jim DeMint (R-SC), Blanche Lincoln (D-AR) and Miss McConnell (R-KY). At the same time, progressives like Dick Durbin (D-IL), Sheldon Whitehouse (D-RI) and Roland Burris (D-IL) joined obstructionists and reactionaries like Evan Bayh (D-IN), Jon Kyl (R-AZ), Jim Inhofe (R-OK), Jim Bunning (R-KY) and Lieberman in opposition. It's odd to interpret a vote that splits Inhofe and Coburn, McConell and Bunning, Kyl and McCain.

Dorgan said Big PhRMA lobbyists were calling the shots for the two sides.

"This issue isn't rocket science. The American people are charged the highest prices in the world. They want Congress to stand up for their interests and do something about it," Mr. Dorgan said.

Pharmaceutical makers opposed the measure, saying the U.S. couldn't ensure the safety of drugs from Canada, Europe, Japan and Australia. Opponents cited a letter from the FDA's commissioner that called the Dorgan amendment "logistically challenging" and risky to consumers.

Democrats and Republicans were divided on the issue, and at one point it threatened to hold up the larger health-overhaul package making its way through the Senate.

After the vote, Mr. Dorgan said, "The drug industry has a lot of clout in this town, and they demonstrated that tonight." He added, "This is not over."

He's right; it wasn't. 20 minutes later a drug re-importation amendment by New Jersey Senator Frank Lautenberger came up for a vote, but that one also fell 4 votes short of passing, 56-43. The White House had made a deal with PhRMA for their backing of the overall plan, and defeating the amendments was something Obama was far more strenuously behind than, say, the Medicare buy-in or the public option, which he was nonchalant about tossing overboard at the first ripple of dischord.

The politically charged amendment held up the Senate for a week as drug companies, the White House and lawmakers from states that are home to drug makers fought to derail the proposal. Critics, including the Food and Drug Administration, said it would be difficult to implement and hard to guarantee that imported drugs would be safe.

Further adding to the momentum for final Senate approval of the massive healthcare bill, Obama and many liberal Democrats rallied behind the decision to put aside a goal liberals had long held as an article of faith -- a new government health insurance plan to compete with the private sector.

Obama summoned Senate Democrats to the White House today to urge them not to let disagreements over details of the legislation derail or delay the landmark effort.

"This reform has to pass on our watch," the president said. "We are on the precipice of an achievement that has eluded Congresses and presidents for decades."

While some liberals mourned the capitulation that has long seemed inevitable, leaders of several progressive groups signaled that they would support the strategy for now rather than risk stalling their drive.

"The final bill won't include everything that everybody wants," Obama said.

The president weighed in at a critical moment, as Senate Majority Leader Harry Reid (D-Nev.) was working to unite their party in advance of key votes on the compromise that did not include the so-called "public option" -- a new government-run health insurance plan-- or an alternative plan to expand Medicare, which was popular with liberals.

Totally consistent with the Barack Obama who had served in the Senate voting with conservatives like Nelson, Lieberman and Lincoln far more than with progressives.