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EFCA Road in This Congress Keeps Getting Tougher

By Michael W. Fox, Esq.

Yesterday, as I was posting my view that without compromise on Labor's part EFCA was dead for this Congress, Campaign Diaries was gathering the data to back me up. In their post, Updated Headcount on EFCA they have a modicum of good news for supporters of EFCA in that Senator Udall (D- CO) and Senator Warner (D - VA) have both indicated they will vote for cloture, while withholding opinions on the bill itself. Cloture of course is the key and so that's a pro-EFCA position.

On the other hand, the other new Colorado senator, Michael Bennet stressed strong reservations about the bill's viability and his concern that it will prove divisive and get it in the way of health care reform, which he clearly places ahead of EFCA.

The final total on their tally sheet is 46 supporters, 12 undecided/uncommitted, 5 who oppose the current version but have not closed the door to compromise and 36 opponents, which is where they now have Sen Specter of Pennsylvania.

In an update to their original post, one of the 5 they say Senator Voinovich of Ohio, appears to be in the opponent category, meaning the road is that much bleaker.

Still it's only April of the first session of the 111th Congress, and giving the blitz labor is putting on during this two week Congressional break it would appear that they have not yet folded their tents.

If all the above is accurate, it is hard to see how that means anything but that people should start examining the pro's and con's of compromise. Notice that is not the same thing as the merits of any particular compromise. As I said yesterday, the first real decision, for both sides, is whether this is one where compromise is desirable, even if it were to prove possible.

Full post as published by Jottings By An Employer's Lawyer on April 08, 2009 (boomark / email).