Stalemate as shutdown nears
© Greg Nash

The House and Senate continued their game of ping-pong late Monday as the federal government lurched toward a shutdown. 

The House passed yet another proposal to fund the government and undermine ObamaCare, but it was just as quickly rejected by the Senate. 

Shortly after that, the House asked the Senate to convene a conference committee on a possible funding measure.

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House members passed the Republicans' latest continuing resolution in a 228-201 vote, with 12 Republicans voting no and nine Democrats voting yes. 

Just more than an hour later, the Senate rejected the measure in a 54-46 vote by tabling it. The vote only required a majority vote.

Every Democrat in the Senate voted to table, while upper chamber Republicans backed the measure. 

The latest GOP plan would fund the government through mid-December, delay the individual mandate under ObamaCare, and force top government officials to use ObamaCare. The government is set to shutdown after midnight. 

The earlier House vote carried some signs that House GOP leaders may be running out of ideas for passing a spending resolution that somehow tweaks ObamaCare. 

Earlier iterations of the House resolution passed with either two, one or zero "no" votes from Republicans, but a full dozen House Republicans voted no this time.

Some Republicans decided to oppose the latest measure because it didn't do enough to undermine ObamaCare, while others decided it's time to ignore the healthcare law and pass the clean resolution supported by the Senate in order to keep the government open on Tuesday.

Republicans voting against it were Reps. Michele BachmannMichele Marie BachmannBachmann won't run for Franken's Senate seat because she did not hear a 'call from God' Billboard from ‘God’ tells Michele Bachmann not to run for Senate Pawlenty opts out of Senate run in Minnesota MORE (Minn.), Joe Barton (Texas), Paul BrounPaul Collins BrounCalifornia lawmaker's chief of staff resigns after indictment Republican candidates run against ghost of John Boehner The Trail 2016: Let’s have another debate! MORE (Ga.), Mario Diaz Balart (Fla.), Charlie Dent (Pa.), Phil GingreyJohn (Phil) Phillip Gingrey2017's top health care stories, from ObamaCare to opioids Beating the drum on healthcare Former GOP chairman joins K Street MORE (Ga.), Louie GohmertLouis (Louie) Buller GohmertWhite House-backed prison reform bill advances in House GOP Rep. Zeldin to lead call for second special counsel Doug Collins to run for House Judiciary chair MORE (Texas), Kay GrangerNorvell (Kay) Kay GrangerPresident Trump’s historic rescissions package is a welcome step to cut wasteful spending Trump gives jolt to push for military ‘space force’ Overnight Defense: Pompeo brings hawkish Iran stance to State | Air Force ducks on 'space force' | Senate eyes vote on US role in Yemen war | Perry doesn't want to be VA chief MORE (Texas), Peter King (N.Y.), Steve King (Iowa.), Tom Massie (Ky.) and Mike Rogers (Ala.).

Massie (Ky.) said the Republican offers were moving in the wrong direction, especially given that the Senate keeps stripping out the House’s anti-ObamaCare measures. “I’m concerned that a clean CR is the ultimate result of this negotiating strategy,” Massie told reporters.

House Republicans were expected to meet at 11 p.m. to figure out their next step.

"The Senate is going to have to explain how they defend special treatment for members of Congress, special treatment for big business and special interests," Majority Leader Eric CantorEric Ivan CantorThe Hill's Morning Report — Sponsored by CVS Health — Trump’s love-hate relationship with the Senate Race for Republican Speaker rare chance to unify party for election Scalise allies upset over Ryan blindside on McCarthy endorsement MORE (R-Va.) said after the House vote. "This what's at stake here. This is about no special treatment under the law. This is what Harry ReidHarry Mason ReidMcConnell not yet ready to change rules for Trump nominees The Hill's Morning Report — Sponsored by CVS Health — Trump’s love-hate relationship with the Senate Trump to press GOP on changing Senate rules MORE is going to have to answer to. So we look forward to what the Senate is going to go."

Speaker John BoehnerJohn Andrew BoehnerGOP revolts multiply against retiring Ryan Can Jim Jordan become top House Republican? Tensions on immigration erupt in the House GOP MORE (R-Ohio) refused to answer questions from reporters after the vote.

The latest House GOP bill was developed after the Senate killed a House plan to delay all of ObamaCare for a year and repeal the law's medical device tax. As they turned to the idea of repealing the individual mandate, Republicans said the Obama administration itself has delayed so much of the law, and that it's unfair for it to insist that the individual insurance mandate must take effect for average Americans.

"This is an issue of fairness," said BoehnerJohn Andrew BoehnerGOP revolts multiply against retiring Ryan Can Jim Jordan become top House Republican? Tensions on immigration erupt in the House GOP MORE, who spoke twice on the floor. "How can we give waivers and breaks to all the big union guys out there, how do we give a break to all the big businesses out there, and yet stick our constituents with a bill that they don't want and a bill they can't afford?"

Boehner said he and President Obama spoke by phone tonight, and that Obama told him, "I'm not going to negotiate. I'm not going to negotiate, I'm not going to do this."

"Well, I would say to the president, this is not about me, and it's not about Republicans here in Congress," Boehner said. "It's about fairness to the American people."

Democrats continued to argue that the GOP plan is doing nothing more than risking a government shutdown, since the Senate and Obama have said they will only accept a clean extension of spending.

House Minority Whip Steny Hoyer (D-Md.) said today's series of vote represent a "shameful" day in the House, and asked the GOP to allow a vote on a clean spending resolution.

"[Let] the Republican Party have the courage of its rhetoric and let the House work its will," Hoyer said. "I dare you to do that. Let Democracy work."

Cantor replied that the essence of Democracy is that laws treat everyone equally, something he said the Obama administration has failed to ensure.

"There should be no special treatment for big business. There should be no special treatment for members of Congress," Cantor said.

"There should be no special treatment for anyone under the law."

This story was updated at 10:30 p.m.

Russell Berman and Bernie Becker contributed to this story.