Despite weakening Democratic support for health care legislation in Congress, U.S. Rep. Neil Abercrombie said he still plans to resign his seat effective Feb. 28 to run for Hawaii governor.

Abercrombie spokesman Randy Obata said Abercrombie voted on a health care bill (HR 3962) on Nov. 9 that was sent to the U.S. Senate and also spoke with House Speaker Nancy Pelosi about fulfilling his remaining duties, before setting the Feb. 28 date.

Obata said the House and Senate have passed different health care bills, and a vote on health legislation will occur when the House, Senate and White House reach a compromise.

But some conservative political observers say with the departure of Abercrombie, the Obama administration's health care bill seems headed for a tie vote in the U.S. House, tilting a bare 217-vote majority of the current 433 members (full membership is 435) into a stalemate—216 of the remaining 432 members.

Contributing to the change in support was the death of Pennsylvania Rep. John Murtha, the retirement of Florida Rep. Robert Wexler, and a switch to the anti-health care bill side by Florida Republican Rep. Joseph Cao.

In the Senate, the Democrats appear to lack the 60 votes needed to pass Obama's health care legislation over a Republican filibuster.

The Republican upset victory in Massachusetts of Sen. Scott Brown put an end to the Democrat's filibuster-proof majority.

U.S. Sen. Daniel Inouye said the “;big, ambitious”; health care legislation that he supported is out, but he remains optimistic.

“;I think we will come up with something smaller.”;

Asked if he thinks Abercrombie should change his plans to leave office as scheduled on Feb. 28, Inouye said, “;That is the congressman's decision to make and his alone.”;

Another major pending piece of legislation for Hawaii that appears to be hanging on by a slim margin is the Akaka Bill, establishing a framework to organize a native Hawaiian government.

Abercrombie and Inouye said they were still optimistic about the passage of the Akaka Bill.

“;I think the chances of passage in both houses are very good,”; Inouye said.

In early December, when Abercrombie announced his gubernatorial candidacy, Inouye said he accepted the congressman's decision but was surprised by the announcement.

Inouye said Abercrombie's departure “;leaves us a vote shy in the House at a time when major policy changes like health care reform, a war-spending measure, the Akaka Bill and others are shaping up for debate and passage.”;

In April 2009, Abercrombie said he would not resign early from Congress, citing the expense of holding a special election.