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They have decided not to use deem and pass because there is no way to bind the senate to their rule vote. The purpose was to be able to pass the senate bill while tying in the "fixes" so that both things would be passed if the reconciliation bill was passed... the parliamentarian shot that down so now they will have separate votes on the senate bill and on the reconciliation bill. There would have still been 2 votes with deem and pass... the people have been saying their would be no vote were lying... the difference is that if they voted on a deem and pass rule, the vote would have been recorded as a procedural vote instead of a direct vote on the legislation.
Btw... another cute trick that the GOP has pulled here is that they have framed deem and pass as if the dems invented it... reality is that the GOP has used it 202 times since 1996 and even won a ruling in court over the constitutionality of it. They were sued by the dems for using it in 2004 and ended up winning in appeals court.
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