But the provision of services explanation for minimum resale price maintenance does not survive careful review.
If, as is becoming more likely, the provision survives in final legislation, President Bush will face a difficult political predicament.
There is little to root for in these deliberations, although one very useful provision in the Senate bill must survive.
But they acknowledged that the provision would not survive negotiations with the Senate.
It is not clear whether the child-lock provision will survive in the Senate.
Lawmakers said they did not know how many women would be newly covered for abortion services if the provision survived.
These provisions survived a Supreme Court challenge in 1898.
Similar provisions, passed by the House in earlier years, have not survived in final Congressional measures.
The provision survived on a 37-to-25 vote, but could face further opposition.
But under any name, the provision will not survive in the final education bill, Democrats have vowed.