The DeMint Amendment was substituted for a similar amendment from Senator David Vitter. Shortly after the email update that we sent out earlier today, the Vitter Amendment was struck down by a vote of 53-43.
To further break this vote down, 53 Democrats voted Nay. 41 Republicans voted Yay with 2 Democrats crossing over, Senators Byrd and Nelson.
One of these two scenarios is going to unfold. The Senate would adopt the Mikulski amended version of the bill. After that, it will go to conference where the Foxx amendment will most likely be struck. Should that happen, we will need to call for the defeat of the bill in its entirety. We will keep you posted.
The other scenario is that the Senate will adopt H.R. 1388 as amended. That would then be sent back to the House where they could vote to simply accept the Senate amendments. This is the more likely outcome. Both of these scenarios would remove any amendment similar to the Foxx amendment.