The elephantine snag is revision of § 284 to revert to apportionment of damages. The reversion would reenter the nightmare landscape of the 1940 and before, where the same damages regime was termed a "great evil." CAFC Chief Judge Paul Michel has been adamant against damages apportionment, with subsequent White House seconding of the notion.

So, something resembling a fix may be in. On the one hand, if the Senate does pass S. 1145 with damages apportionment, it would seem unlikely that it would be dropped in conference; hence, if passed through Congress, a White House veto would be obligatory. That would indicate the whole exercise as political theatre, pure and simple: greasing the skids for 2008 grubbing of the campaign contribution lucre. On the other hand, if the Senate revises the bill before it gets to a floor vote, dropping damages apportionment, serious intent to enact the legislation may be inferred, and a compromise bill may be hammered out in conference, which may be signed into law.

The process is complex, and the devil is in the details. Some of the same controversial issues that led to last-minute amendments in the House bill are in the Senate version, and some similar amendments failed by slim margins in the Senate Judiciary committee. Senate rules are more picayune than the House, so navigating the bill to a winning vote is problematic, requiring skillful maneuvering from the Senate leadership and Sen. Leahy, Judiciary Committee Chair. Considering Sen. Leahy's performance so far with S. 1145 in committee, hope for a fumble remains fulsome.

At any rate, the collective turkeyhood known as the United States Congress is playing with fire: the economic impact has not been sensibly assessed, but is likely far greater than the gobblers have a glimmer of. The turkeys will be home to roost by Thanksgiving.