On November 2, the Online Freedom of Speech Act (H.R. 1606) was not agreed to in the House. On the calendar as a suspension, the motion to suspend the rules and pass the bill failed 225 — 182. (Suspensions must pass by a 2/3 vote). Sponsored by Rep. Hensarling, the bill would codify the FEC's current regulation, which was struck down by a federal judge, that exempted the Internet from the many prohibitions of the McCain-Feingold law.

From BNA: (subscription required) The release of a mark for the Senate Finance Committee's tax reconciliation bill may be put off by a day, as the committee continues to look for ways to navigate the stripping--at least for now--of $10 billion in tax cutting authority. An aide told BNA Nov. 4 the mark would likely be issued Nov. 8, a day later than previously expected, in anticipation of a markup Nov. 10. The committee continues to search for as many offsets as possible.

Yesterday, the U.S. Court of Appeals for the Second Circuit heard oral argument in Velazquez v. Legal Services Corporation (LSC), a lawsuit brought by three New York nonprofit organizations that provide free legal representation to low-income people. Burt Neuborne of the Brennan Center for Justice at NYU School of Law, appearing for the legal services organizations, urged the court to uphold a lower court ruling that had declared that the government imposed unconstitutional restrictions on the ability of the organizations to use their own non-federal funds.