mr. mcdermott from seattle, washington. the speaker pro tempore: the gentleman from washington is recognized for three minutes. without objection. mr. mcdermott: mr. speaker, i never cease to be amazed. i think i have seen the silliest thing in the world and then i come out here and they've done it again. sometime in the next 23 days the supreme court is going to make a ruling on whether the accountable care act is constitutional. if they throw it out, as the republican party of prayer is hoping, this tax will have never existed. it will be gone because it's never been implemented. it's not affecting anybody. this is a p.r. stunt for the election. the republicans are helping the device industry back out of a deal they made during health care reform. in may, 2009, the president of advomed, which is the organization of the device manufacturers, signed a letter to president obama stating, we are ready to work with you to do health reform. the industry later agreed, agreed -- let me underline that -- agreed to the excise tax kn