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>> welcome back everyone. the house rules committee is in session right at this hour, we're getting hints at that democrats may be open to dropping a controversial strategy. the adoption of a rule that deems the senate version of health care passed, but rather pass health care the old-fashioned way by holding an up and down vote. even energy and commerce chair henry waxman believes that's the

way it should be done. . >> we're not going to deem the senate bill passed. we're going to pass the senate bill. we are going to pass it by a vote of the house. that is the way a bill becomes law. >> henry waxman and i are together on this, we're like twins. if chairman waxman is now saying he's going to insist or request a rule that gives us a vote up and down on the substance of the senate passed bill, that is news. >> uma: now, at this hour we're just getting information that the deem and pass proposition is now dead. so that is not going to be happening according to urgent wires that we're getting from the senior house sources who are there on capitol hill at this hour. meanwhile, we're awaiting president obama's departure for capitol hill where at the top of the hour he plans to rally house democrats for one final health care push. white house correspondent wendell goler is joining us live now from the north lawn with more. wendell, we know this is going to be a kind of pep rally for the democrats.

what do we expect the democrats to say to members just a half hour from now? >> well, we're told to expect a high energy speech that makes the case in no uncertain terms that now is the time to pass health care reform after a hundred years of trying. no one here is willing to give a vote count, but part of the reason is folks weren't quite sure how many yes votes they had absent the deem and pass mechanism. because of the possibility of avoiding deem and pass the political advantage of doing that and importance of the issues, the president will be working the phones, bending ears, twisting arms until the time of the vote tomorrow evening. yesterday he was on the phone from his limousine after a campaign style rally of health care reform at george mason university before he got back to the white house, more calls last night and this morning, he has phoned or met with 60 members of congress, delivered about 50 speeches on health care reform and made it the subject of more

than a dozen saturday internet addresses, uma. >> uma: what about the polls showing strong republican opposition and warnings that democrats will pay come the fall elections? >> well, privately, the white house is telling democrats that republicans are going to use the health care, the divisive health care debate against them in the fall elections anyway, so they might as well pass the bill and get something for it and there are even reports the president has told the one or two lawmakers privately that the fate of his presidency rests on passing a bill this weekend. the white house won't confirm that, nor will they deny it, but pundits say that the president says he doesn't know the politics of the issue, but he says passing a health care reform is the right thing to do. here is a bit of what he had to say yesterday. >> and if you believe that it's right, then you've got to help us finish this fight. you've got to stand with me just like you did three years ago and

knock on doors, talk to your parents, talk to friends, do not give up. we keep on going. >> at the same time the president says that voting for health care reform will take courage and it's not lost on anyone here that the party in the white house tends to lose seats in congress in a mid term election. those sirens behind me probably signal the president is on the way to the capital. >> he should be there in about 20 minutes. thank you, wendell goler, thanks for the update. >> kelly: and this is a fox news alert. we're getting word right now on some news on deem and pass. carl cameron is standing by at the capitol fill us in on the details. what's happening with deem and pass right now? >> well, this is a maneuver that democrats could use that would in essence allow the senate health care reform bill to be passed into law, and except for the president tomorrow, during the vote on the rule the parameters for the debate on the reconciliation package.

it looks as if democrats are becoming more and more serious of the possibility not using that shortcut and voting on the senate health care bill in a normal fashion on the house floor. the deem and pass maneuver shortcuts the process, there would still ab vote on the rule which would double as a vote for the health care bill, but sort of one step removed and what has transpired in the last couple of hours is that two prominent democrats on the rules committee say uh-uh we don't like that idea. the majority for democrats, 2-1, plus one. so republicans are severely outnumbered, but two democrats, henry waxman of california and henry cordova of california said they will not vote for that and they'll vote against putting deem and pass in the rules tomorrow. that appears to have been enough to really make democrats rethink it. it would be a 7-6 majority for democrats, still have enough to pass it, but it would be so close and bipartisan opposition is really what is at point here. the democrats would vote against

the legislative maneuver, makes it politically perhaps unpalatable for the democratic leadership and they're now thinking about the necessity, perhaps of having to go to the floor and have democrats actually vote on the bill itself. it makes a lot of them nervous which is why they're trying to use the deem and pass maneuver in the first place, they may have to do that because of the embarrassment that democratic opposition of the rules committee. that means they absolutely must come up with a full vote to pass this. there's no shortcutting the fact that now they're going to need to get the 216 without right votes that will be put on the floor potentially even in a roll call. the republican majority lead are john boehner when they vote on this every one of the members would have their names called and then roll call the yea's and nays, that happens only once a year when they elect leaders and doesn't happen anytime during legislatures and it would be a big deal and on the record for the whole world.

it looks like the democrats would theoretically have the votes to pass it with a clean vote, something they have been hoping for and something that republicans have been sort of wary of. >> kelly: and carl, if you recall, something the president stated that he wanted an up and down vote. it looks like he's going to get that and not the deem and pass. carl, thanks for bringing us up-to-date on this and-- >> let me say on the up and down vote they're talking about, that's more of a reference to the senate. the 51 votes under recognizance reconciliation, as opposed to the 60. the administration was studious not to get too close to the deem and pass vote in the first place because it seems too so many it be a shortcut. >> kelly: thank you for pointing that out. carl cameron from the capitol. we'll come back in moments from now because we've got so much to talk about today with the history-making movement, moving towards a house vote tomorrow for this historic health care reform vote. will it pass, will it not?

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>> the health care battle on capitol hill could come to an end tomorrow. but new battles could be brewing from coast to coast, according to the american legislative exchange council. 38 states are now preparing legal challenges or at least considering it, many are singling out mandates forcing folks living there to purchase insurance. are we seeing a new chapter in the fight to stop this health care reform plan? let's bring in blakeman, the former deputy assistant to president george w. bush and julia epstein is a democratic campaign consultant and former legal counsel for the full house judiciary committee. thank you for joining us today. so here we have it. we're getting down to the wire here, the end-game as it's called ap we're also hearing that 38 states are saying, wait a minute, you can get to the end-game, but we will decide what goes on in our states.

brad, let me begin with you, the states, do they have a case here? >> absolutely. our lawmakers have to realize, kelly, their job is to preserve, protect and defend the constitution as it's written not expand and take rights away from states. what this bill does is it preempts states rights and forcing upon individual citizens of the state to buy insurance from monopolies, private entities within those states and states like virginia have already passed a law, 38 states as you mention are lining up with their attorneys general to attack this on constitutional ground. the battle is only beginning. march madness is not on the basketball court, it right here in washington and permeating around the country. >> kelly: and julian, he's talking march madness, but i think he's referring to this as being, if i can speak for brad, insanity. >> yes. >> well, it's like groundhog day after the congress passes it, lawyers trying to keep the issues alive again. there are two real legal issues, the 10th amendment, is the federal government encroaching too far on state's issues with regards to passage of the bill.

i think the likelihood of that argument being successful in the federal courts is slim to nil because the preemption doctrine, jurisprudence in federal law favors the federal government so i don't think they get anywhere on that. the second question which i think is more interesting, is whether you can challenge the mandate, the health care mandate under the commerce clause as an overuse of the commerce clause which is the authority that congress has to legislate. i think that's a more interesting argument constitutionally and might get further. but at the end of the day i don't see that surviving either. i think what this is really about is politics, i think the republicans want to keep this issue at the ballot box, through the mid term eleks because they think it will work for them. what they're missing is a majority of the country wants congress to pass something that's even stronger than congress is passing right now. so, i don't think-- the politics may be good for the republican banks, but the overall scheme of thing i don't think it's good for republicans. >> kelly: i'm sorry we've got to end it there, guys, a lot going on and the president is expect today make it to the capitol at

any moment and we want to be there when he does. thank you for joining us and sharing insights on the 38 states. good day to you. >> thanks. >> uma: democrats eye that vote on health care reform, a brand new poll is showing what the american people think about all of this legislation. you don't want to miss that and as kelly just mentioned we are expecting president obama to make a rare appearance on capitol hill any moment now, when that happens we'll bring it to you live. don't go away. a man can onlyry... and try. i heardating whole grain oats can help lower my cholesterol. it's gonna be tough...so tough. my wife and i want to lower our cholesterol, bu finding healthy food that tastes good is torturous. your faer is suffering. [ male announcer ] honey nut cheerios tastes great andan help lower cholesterol. bee happy. bee healthy. [ female annocer ] try new ccolate cheerios with a touch of delicious chocolate taste in every bite.

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>> well. welcome back. let's take you back to capitol hill for just a moment where at any minute we're going to see president obama who is expected to speak with members of the house democratic caucus. the president trying to rally the house troops to pass health care reform legislation tomorrow, as we await the president let's check in with some brand new fox news opinion dynamics polls showing that 55% of the voters at this moment are opposed to the bill while just 35% favor it. joining us now with some thoughts on all of this, the democratic pollster and former advisor to president bill clinton, he's also a fox news contributor. welcome, nice to have you here. >> pleased to be here. >> uma: let's talk for a moment about the polls. very interesting numbers coming out of thisment when you talk about health care reform legislation and the next best step. what we're seeing from our people who are commenting on the

polls, 47% want the congress to start over and go forward from there. rather than passing the current bill. >> well, yeah, there is not a consensus in america to pass this bill. in fact, a majority, or close to majority want to start over or do nothing. which is 65%. only 31 pass it. so american people are not persuaded and that's what the president is going to capitol hill to continue the process of trying to do and to get the remaining votes in line for tomorrow's votes. >> uma: that's why the stakes remain so high. obviously, political fortunes rest on what may be happening tomorrow with this vote. when you ask people about president obama's efforts to pass this reform, 47% say he shows leadership, another 45% say it shows stubbornness on the part of the president. >> what better way to sum up the division in the american electorate than this poll statistic and be indeed in the

congress. half say it's leadership, half say it's stubborn and the president is going out now and going forward to try and make the case he's offering real leadership forward on health care for the democrats. >> uma: when you ask folks whether or not they want, how they describe president obama in dealing with republicans on health care, you will find that 48% say that he's pushing the democratic agenda and looking for middle ground, only 43% believe he is. >> right, and he's doing this without republican votes so the 48% that say that he's pushing a democratic agenda are effectively right and what he's going to make the case is that that democratic agenda is in everybody's best interest. >> uma: and really quickly now, what do you think about the perceptions that all of this is having in the public at this hour as they see the jockeying going back and forth and the background deals we keep hearing about? >> it's uncertainty. i think there's a majority against the bill. a broad number of people are in the middle and are waiting to see what happens. and the fight will continue after the vote on sunday. for the hearts and minds of the

american people and the american people are decidedly ago not particular if not hostile. >> uma: doug shone great to have you here. >> thank you. >> uma: your insights as always, we appreciate it. >> uma: kelly. >> kelly: as i've been telling you, we're awaiting remarks from president obama, set to speak any moment now on capitol hill drumming up democratic support for his health care overhaul. we'll bring it to you live as soon as it happens. soon as it happens. stay with us. captioned by closed captioning services, inc. [ deep breathing ] [ light snort ] a ] vicks nyquil cold & flu. the nighttime, sniffling, sneezing, coughing, aching, fever, best sleep you ever got with a cold...medicine. ♪

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