The genie is out of the bottle.

And the challenge now facing Congressional Democratic leaders is how to put the genie back in the bottle.

In this case, the genie is abortion.

House Speaker Nancy Pelosi (D-CA) did the unthinkable two weeks ago. The powerful Speaker faced defeat on the health care reform bill. And despite being an unwavering abortion rights supporter, pro-life Democrats forced Pelosi to accede to their demands and allow the adoption of a wide-ranging anti-abortion amendment. Just to salvage the health care bill from parliamentary purgatory.

Pelosi’s maneuver stunned pro-choice advocacy groups. And it infuriated abortion rights voices in her caucus, most notably Reps. Diana DeGette (D-CO), Rosa DeLauro (D-CT) and her trusted Rules Committee Chairwoman Louise Slaughter (D-NY). They may not have liked Pelosi’s ploy. But they know down deep it was necessary to pass the health legislation.

So as the health bill moves to the Senate, the abortion genie is out of the bottle. That means Sen. Harry Reid (D-NV) now carries two titles: Senate Majority Leader. And he’s also tasked with being the “Genie-Back-In-the-Bottle-Stuffer-In-Chief.”

Rep. Bart Stupak (D-MI) drafted the House’s anti-abortion amendment. Stupak’s plan prohibits federally-backed health insurance programs from covering elective abortions and bans the use of federal subsidies to pay for abortions.

Reid didn’t allow the Stupak amendment to become part of his legislation. Instead, the Senate package allows government-run health plans to offer abortions so long as no taxpayer dollars are used to pay for them. The Senate measure also requires women who receive federal subsidies to purchase health coverage to pay for abortions with their own money.

“I think they handle (the abortion issue) much better over there,” said Louise Slaughter of Reid’s decision to leave the Stupak amendment out of the health bill.

“I’m pleased with the language that is in the Senate bill. And I think it is pretty clear that no federal funds will be spent on abortion,” said Pelosi. “The conversations continue and I am optimistic that we will find a common ground.”

But the abortion genie is out of the bottle. And Sen. Ben Nelson (D-NE) demonstrates why it’s so hard to tuck it back in.

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Sen Mike Johanns, R-NE, laid a challenge at the feet of the small handful of pro-life Democrats in the Senate, saying just one needs to come forward and vote against proceeding to the Senate Democratic leader's healthcare reform bill, one Johanns declared inadequate in ensuring that no federal funds can be spent on abortion.

"We don't need 40 Democrats to stand up for what's right. We need just one. if just one pro-life Democrat would say i will not vote to move this bill until it's fixed, until it's truly pro-life, that would happen. So those who say they are pro-life but refuse to take that stand, I worry are not standing up for life. "

Senate Majority Leader Harry Reid, D-NV, attempted to fence off federal money from covering abortion in his bill, but pro-life critics say the effort fails. The HHS Secretary is to ensure that each state has one private plan that covers abortion in the state-based healthcare exchanges. The public option is not permitted to cover the procedure.

But those who oppose abortion want to see the stricter language that passed in the House - where abortions are not permitted in plans on the new exchanges where federal subsidies might be used to buy abortion coverage.

A new Pew poll showed that only three percent of Americans who oppose the Democrats healthcare legislation do so because of abortion, still it was an issue that nearly brought the House healthcare bill down.

Johanns issued a challenge that surely had his senior colleague from his home state, Dem Sen Ben Nelson, in mind, saying that merely voting to proceed just to try to change the bill was unacceptable.

Nelson said as much in a statement Wednesday night, that merely voting to proceed was not a vote of support for the bill, rather it was a vote in favor of moving forward and trying to make changes.

Johanns said he believes there are not the necessary 60 votes to strip out what he sees as offensive abortion language.

"I ask for a pro-life senator to come down here and stand up on this bill. Pro-life Americans are waiting, and they aren't fooled."

When it was originally suggested many months back -- a tax on elective cosmetic surgery -- many positively laughed at the idea.  Most said - NO WAY.

Now -- if you turn to page 2,045 of Reid's healthcare bill, it's right there -- -here's the cut&paste:

Page 2045

SEC. 9017. EXCISE TAX ON ELECTIVE COSMETIC MEDICAL PROCEDURES.

(a) IN GENERAL.-Subtitle D of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new chapter:

''CHAPTER 49-ELECTIVE COSMETIC MEDICAL PROCEDURES ''Sec. 5000B. Imposition of tax on elective cosmetic medical procedures.

''SEC. 5000B. IMPOSITION OF TAX ON ELECTIVE COSMETIC MEDICAL PROCEDURES.

''(a) IN GENERAL.-There is hereby imposed on any cosmetic surgery and medical procedure a tax equal to 5 percent of the amount paid for such procedure (determined without regard to this section), whether paid by insurance or otherwise.

''(b) COSMETIC SURGERY AND MEDICAL PROCEDURE.-For purposes of this section, the term 'cosmetic surgery and medical procedure' means any cosmetic surgery (as defined in section 213(d)(9)(B)) or other similar procedure which-

''(1) is performed by a licensed medical professional, and

''(2) is not necessary to ameliorate a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or disfiguring disease.

''(c) PAYMENT OF TAX.-

''(1) IN GENERAL.-The tax imposed by this section shall be paid by the individual on whom the procedure is performed.

''(2) COLLECTION.-Every person receiving a payment for procedures on which a tax is imposed under subsection (a) shall collect the amount of the

tax from the individual on whom the procedure is performed and remit such tax quarterly to the Secretary at such time and in such manner as provided

by the Secretary.

''(3) SECONDARY LIABILITY.-Where any tax imposed by subsection (a) is not paid at the time payments for cosmetic surgery and medical procedures are made, then to the extent that such tax is not collected, such tax shall be paid by the person who performs the procedure.''.

(b) CLERICAL AMENDMENT.-The table of chapters for subtitle D of the Internal Revenue Code of 1986, as amended by this Act, is amended by inserting after the item relating to chapter 48 the following new item:

''CHAPTER 49-ELECTIVE COSMETIC MEDICAL PROCEDURES''.

(c) EFFECTIVE DATE.-The amendments made by this section shall apply to procedures performed on or after January 1, 2010.

Yikes.

Definitely getting creative in paying for this bill.

Key House Republicans are determined to keep suspected terrorists currently housed at Guantanamo Bay from coming to the United States for trial and incarceration.

House Intelligence Committee Chairman Pete Hoekstra (R-MI) introduced Wednesday what's called a "discharge petition." It would force the House to consider a bill that would prevent President Obama from closing the Guantanamo Bay detention facility and require detainees to be tried in a military tribunal instead of at a civilian trial with a judge in the United States.

The issue intensified in recent days after the Obama Administration announced it would transfer al Qaida leader Khalid Sheikh Mohammed and four co-conspirators to New York for a trial. Mohammad claims to be the mastermind behind September 11th.

"This is one of the most-dangerous decisions any president has made," said Rep. Pete King (R-NY), the leading Republican on the House Homeland Security Committee.

King represents a district on Long Island outside New York City. He says he lost 150 friends on 9-11.

"It will be like reopening old wounds," King added.

The discharge petition currently has the signatures of 170 House members. All co-signers are Republicans. At least 218 signatures are necessary to force the House to consider Hoekstra's legislation. But it's an outside shot as discharge petitions are rarely successful.

One of Mr. Obama's first acts in office was the announcement that he would shutter Gitmo and transfer the detainees elsewhere. Hoekstra accused President Obama of "holding out a pot of gold" to American communities in an effort to lure them into housing prisoners currently detained at Guantanamo Bay. Hoekstra lamented how the White House has shopped around the opportunity to lock up detainees to various communities around the United States.

"One day they're supposed to go to Colorado. Then one day, Standish, MI. Then South Carolina. Then Illinois," Hoekstra said, reading off a laundry list of various locales reported to be under consideration to take the prisoners.

Attorney General Eric Holder Wednesday defended the decision to try the suspects in federal court while testifying before a Senate panel. Holder told senators that New York is the place "most likely to obtain justice for the American people."

"I'm not scared of what Khalid Sheikh Mohammed has to say at trial and no one else needs to be afraid either," said Holder.

Some lawmakers like Pete King worried about bringing the suspected terrorists to the U.S. could create legal opportunities for the detainees.

"The minute they set foot on U.S. soil, they get Constitutional rights," King said. The Republican lawmakers also pointed out that the government was trying other suspects at Gitmo and wondered why all suspects weren't being tried there.

The afternoon grew late on November 5^th when House Majority Leader Steny Hoyer (D-MD) finally emerged from the office of House Speaker Nancy Pelosi (D-CA). Hoyer surfaced for air after a grueling, three-hour long cloister on health care. The House Democratic leadership was barreling toward an historic, weekend vote on their marquee agenda item. But they didn’t yet have the votes to pass the bill. Hoyer’s steps were brisk as he glided out of Pelosi’s second-floor suite and down a spiral staircase to his office on the first floor.

An assemblage of reporters followed the leader and fired questions at the Maryland Democrat as he strode toward his office. What were they going to do about abortion? Did they have the votes? Would they wait to vote next week?

Hoyer didn’t have the answers to most of those questions. And when he reached the staircase landing, I asked him something he didn’t have an immediate answer to either.

“Mr. Leader,” I began, “Will the House hold a moment of silence to honor those killed today at Fort Hood?”

I figured Hoyer was the appropriate person to ask about this. After all, the Majority Leader controls the House floor schedule.

A quizzical look consumed Hoyer’s face. He stopped in his tracks and put his palm on my shoulder.

“The what?” he asked, nearly squinting at me.

“The shooting at Fort Hood,” I repeated.

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Looks like CBO is not going to deliver any cost analysis on a healthcare reform bill Senate Majority Leader Harry Reid, D-NE, is trying to bring to the floor this week.

He has been going back and forth with the nonpartisan Congressional Budget Office for some time now, massaging the numbers and policy to get a bill and total price tag that his Caucus can swallow.

He will need every one of his 60 Democrats to vote to move forward to debate on the bill.  A handful are still holding out, because no one has seen any details. Reid is keeping all of that close to the vest, but most believe Reid will be able to open formal debate.

The major questions remain unanswered, as yet:

What kind of public option will be in the bill?  It's almost impossible to see how anything could be in the bill but a triggered government insurance plan. But it's unclear if the more liberal members could stomach this.  The plan, authored by Sen. Olympia Snowe, R-ME, would trigger a public plan almost at the same time current reforms kick in -- IF the reform efforts don't bring costs down.  Reid would have a sales job to get it by a dug-in group who want a robust public option and want it right out of the gate.

Will Reid increase subsidies for the poor and lower middle class?

Will there be more options available to more people?

Abortion seems all but certain to be the Hyde amendment language already approved by the Senate Finance Committee.  Conservative, pro-life Dems like Ben Nelson, D-NE, seem ok with language that clearly fences off all federal funds from being used to fund abortion.   Nelson clearly would like the more restrictive language approved in the House, but he seems to know that won't fly with the vast majority of the Senate Dem Caucus.

Lots more questions remain unanswered.

Possibly Wednesday we see a Reid bill and a special Caucus of Dems to go over the bill.   Unclear if the CBO score would be made public.

That sets up a key test vote to start debate Saturday.  Several key senators have said they feel like Saturday is a near certainty.

After that, they all leave for the weeklong Thanksgiving recess.

In the original Star Wars, Obi-Wan Kenobi and Luke Skywalker are in search of a freighter pilot to get off the planet. They travel to Mos Eisley spaceport. Kenobi knows that the best pilots carouse in the town’s cantinas and taverns.

But before they go into Mos Eisley, Kenobi counsels young Skywalker to watch his step.

“You will never find a more wretched hive of scum and villainy,” Kenobi warns.

Perhaps it’s little wonder then that the American public doesn’t hold the same contempt for Capitol Hill as Kenobi has for Mos Eisley.

U.S. District Judge T.S. Ellis III threw the book at former Rep. William Jefferson (D-LA) late Friday afternoon. A federal jury convicted Jefferson in August of accepting nearly $500,000 in bribes and attempting to extort more to help broker business deals in Africa. And at federal court in Alexandria, VA, Ellis handed Jefferson the longest sentence ever meted out to a current or former Member of Congress: 13 years behind bars.

“Public corruption is a cancer on the body politic,” Ellis lectured Jefferson from the bench as the former Congressman stood before him. “Public corruption is a cancer that needs to be surgically removed.”

Over the past few years, a host of federal judges have “surgically removed” other former lawmakers convicted of corruption. 

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It was well past 11:30 last Friday night when a cluster of reporters starved for information descended on Nadeam Elshami as he exited the Speaker’s Office in the U.S. Capitol.

As spokesman for House Speaker Nancy Pelosi (D-CA), journalists peppered Elshami with questions about if there was a deal on abortion.

“Go upstairs to the Rules Committee,” directed Elshami.

What? They announcing an agreement there? Some of the reporters didn’t even know the Rules panel was still meeting at this late hour.

“All I can tell you is go up to the Rules Committee,” implored Elshami.

And with that, most of the reporters abandoned their long stakeout in front of the Speaker’s Office. They hustled up to the third floor of the Capitol, some taking two stairs at a time, to reach the bandbox that doubles as the Rules Committee’s hearing room.

And in the front row of the hearing room sat Rep. Bart Stupak (D-MI), one of the biggest abortion foes in Congress.

The Rules Committee is the most-powerful panel no one outside the Beltway has ever heard of. It’s the gateway to the House floor. Almost every piece of legislation must first layover at the Rules Committee to receive a ‘rule.’ The ‘rule’ is the blueprint for how the House will handle a given issue on the floor. How much debate time is permitted. What amendments are in order. And the deck is always stacked in favor of the majority party.

But the full House can sideline a bill by not okaying a rule to govern debate. That means the measure never makes it to the House floor.

That was the conundrum on health care for the House Democratic leadership.

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Former President Bill Clinton traveled to Capitol Hill Tuesday to push his colleagues to do something he could not do in 1993-94 -- pass a healthcare overhaul bill.

It was clear that Clinton still has the power to mezmerize Dems.  Sen. Ben Cardin, D-MD, emerged positively bubbling over with effusive praise of the former president.

A number of participants afterward said Clinton urged them to complete a bill ASAP, because if they do not they will become defined by the defeat.

The former president, a student of politics, told his fellow Dems that 'not getting it done is not a good political option' -- and that if they do get it done, 'The public will see the sky didn't fall down.'  Cardin said the later was a "near quote."

It seems almost impossible for Congress to get a bill to President Obama's desk this year. Members will be off for the rest of the week in observance of Veteran's Day.  The Senate's number 2 Dem, Dick Durbin of Illinois, told reporters, "Our goal is to make sure it is out of the Senate this year...I wish we could complete it this year. But if we don't, we will get it done."

 Clinton, for his part, emerged and said he told Dems, "This is an economic imperative," remembering the days just after he left office when there was a surplus.

"I just urged them to resolve their differences and pass a bill," Clinton told reporters.

Sen. Chuck Schumer, D-NY, said Clinton told Dems they should get healthcare done and immediately follow that with work on jobs and the ballooning budget deficit, both topics of highest interest to voters at the polls Nov. 3.

Cardin said Clinton told the gathering that energy is where the job growth is.

Nearly all 60 Dems attended Tuesday's policy lunch in the Mansfield Room on the 2nd floor of the U.S. Capitol. Clinton was invited by Senate Democratic Leader Harry Reid, D-NV, and White House Chief of Staff Rahm Emanuel.

Perhaps it’s fitting that House Speaker Nancy Pelosi (D-CA) co-hosted a luncheon at the Capitol this week to honor Ecumenical Patriarch Bartholomew.

Bartholomew leads the Eastern Orthodox Church. The Eastern Orthodox Church split from the Roman Catholic Church during The Great Schism of 1054. It’s one of the greatest divides in religious history.

House Democrats want to debate and pass their massive health care reform bill this weekend. And the rifts between House Democrats are so deep that this could be called The Great Schism of 2009.

Republicans spent most of Thursday excoriating the health care bill on the West Front of the Capitol. At least they were discussing health care policy. That’s because Democrats were talking about everything but health care in an effort to lug the behemoth legislation across the finish line. The off-stage discussions focused on the fissures that plague both political parties: abortion and immigration. And that’s to say nothing of a little-known issue involving something called “black liquor.”

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