“McConnell, Boehner”: Sorry Voters, You Just Put Crazy People In Charge Of Congress
For as long as John Boehner has been Speaker of the House, his majority has been defined by its intransigence. This isn’t spin cooked up by Boehner’s liberal critics or by Democrats on the other side of the aisle. Boehner himself has at times seemed to revel in the barking madness of his hardline members.
That’s not to say Boehner enjoys this aspect of his job. It’s generally been a problem for him. But his willingness to grapple publicly with the difficulties he faces isn’t just self-effacing charm. It’s also cunning. To make progress, it follows, his members must be placated. How can he be expected to corral his herd of beasts if Democrats refuse to appease them?
It’s what has allowed him to say things like, “[t]he votes are not in the House to pass a clean debt limit,” when the opposite is clearly true.
But that was before. Starting in January, Republicans will control Congress completely. Obviously this doesn’t obligate them to advance any particular, or constructive agenda. The last six years have demonstrated that there’s more political upside for Republicans in gridlock than in cooperation with Democrats. But now that they’re calling all of the shots, you might think Boehner, along with incoming Senate Majority Leader Mitch McConnell, would stop talking about their own members as irrational animals that can’t easily be controlled.
Nope!
Per Bloomberg: “McConnell said Obama’s plans to take executive action on immigration, if Congress doesn’t act, would amount to ‘waving a red flag in front of a bull.’”
It’s hard to fault GOP leaders for playing expectations games, if expectations games allow them to escape accountability for the actions and agency of their members. But that really shouldn’t be an effective tactic anymore. Republicans and Democrats are coequals now. President Obama will do some stuff that Congressional Republicans won’t like, and vice versa. But the fact that Boehner and McConnell announced that they would “renew our commitment to repeal Obamacare” doesn’t give Obama an excuse to write off Congress, or act recklessly, or even to duck negotiations over specific reforms to the Affordable Care Act.
The administration would endure endless derision if Obama or his top aides said Obama wouldn’t cooperate with Republicans because their latest Obamacare repeal vote had “poisoned the well.” When congressional Republicans used the same language prior to the election, you could at least chalk it up to the fact that the Democrats controlled more of the agenda than they did, and that they weren’t pleased with the terms. But that’s not true anymore. If Republicans decide not to tee up immigration legislation, it’s because they don’t want to pass immigration legislation.
They shouldn’t be able to lay that decision at Obama’s feet, on the grounds that they’re too unruly to be controlled. And if they are, then consider the implications of placing a party that’s been commandeered by such waspish politicians in charge of votes on issues like ISIS, Ebola, or the debt limit.
By: Brian Beutler, The New Republic, November 7, 2014
“A Cardinal Reality Facing The Justices”: The Supreme Court Is Now A Death Panel
Back in March 2011, when the biggest threats facing Obamacare were the Supreme Court and the 2012 elections, I argued that the demise of the Affordable Care Act would put people’s lives in immediate danger.
At the time, the law had relatively few beneficiaries—people under 26 covered by their parents’ health plans, a small population of people with pre-existing medical conditions. But some of them had already used their new coverage to finance the kinds of life-saving treatments that would leave them in need of chronic care for the rest of their lives. Take away the health law, and most of these organ transplant recipients and other patients would have become unable to afford their medications, and some of them would die.
Since then, millions of people have gained coverage under the law, and that group of chronic care patients has grown much larger. But despite the fact that the Court upheld the law, and President Obama won reelection, the ACA isn’t out of danger.
On Friday, the Supreme Court agreed to hear a case that will determine whether the federal government can continue to subsidize private ACA coverage in states that didn’t set up their own insurance exchanges.
That case is King v. Burwell, but the issue at stake has come to be defined by a comparable case called Halbig v. Burwell.
The Fourth Circuit Court of Appeals ruled against the challengers in King, but the Supreme Court agreed to grant cert to those challengers anyhow, despite the absence of a Circuit Court split. If the five conservative Supreme Court justices are so inclined, they can void ACA subsidies for millions of beneficiaries, and cripple the insurance markets in about three dozen states.
Some of those beneficiaries will be the kinds of transplant recipients and other patients I wrote about three and a half years ago. Except today there are many more of them. Several of these patients explained the risk to their lives in an amicus brief, urging a different circuit court to reject the challenge to the subsidies, and thus to the viability of the insurance markets their lives depend on.
“Without insurance, Jennifer [Causor’s] treatments would be completely unaffordable. Her transplant cost nearly $280,000. She takes three anti-rejection drugs, one of which has a sticker price of $2,400 per month…. Should she become uninsured, Jennifer would face bankruptcy and even death.”
You can read the whole brief below. Conservatives are brimming with excitement over the Court’s decision to hear the challenge. Should the five conservatives rule that the text of the law doesn’t provide for federal subsidies in states that didn’t set up their own exchanges, they’ll place the onus on Congress or state governments to address the consequences for constituents who lose their benefits. The contested text could be fixed with a comically simple technical corrections bill, which Democrats would happily support. If Republicans were to sit on their hands, or use the ensuing chaos as leverage to extract unrelated concessions, it will cost people their lives. That is a cardinal reality facing justices, and the people soliciting their conservative activism.
There’s an ironic post-script to this article. The Supreme Court is likely to resolve this case with a 5-4 decision, one way or another. Either a single conservative will side with the Court’s four liberals as in 2012, and leave the law unscathed, or the five conservatives will align to void the subsidies.
Under the circumstances, supporters of the law might be nervous about the potential loss of a liberal justice. Ruth Bader Ginsburg’s health and advanced age make many liberals very uneasy, especially now that Obama’s ability to fill Supreme Court vacancies has come into doubt. But for the purposes of King, this issue is immaterial.
If Ginsburg’s seat were to become vacant, then the fate of the law would remain in the hands of a conservative swing justice. A 4-4 split effectively upholds the lower court’s ruling—and since the Fourth Circuit upheld the subsidies, the subsidies would stand. If the Fourth Circuit had ruled the other way, her health would be much more material.
When I mentioned this admittedly morbid but nevertheless important curiosity on Twitter, a large number of dimwitted (or in some cases persistently dishonest) conservatives flooded my mentions column in outrage. Most of them missed the meaning altogether, and accused me of wishing death upon a conservative Supreme Court justice. But even the ones who didn’t managed to contain their enthusiasm over the possibility of millions of people losing insurance for a moment, to reprimand me for being so cavalier about people’s lives.
By: Brian Beutler, The New Republic, November 7, 2014
“Barack Obama Is A Big Meanie!”: John Boehner Already Making Excuses For His Failure
It only took a couple of days before John Boehner made clear that when it comes to his approach to legislating in the wake of the Republicans’ victory in the midterms, absolutely nothing has changed. All that talk about “getting things done” and “showing they can govern”? Forget about it.
In his press conference the day after the election, President Obama got asked about immigration reform and repeated what he’s been saying all along—that if Congress doesn’t pass anything, he’ll take some (as yet undisclosed) actions based on executive authority. He also noted for the umpteenth time that the Senate already passed a reform bill, one that included lots of gettin’-tough provisions demanded by Republicans, which Boehner refused to bring to a vote in the House even though it would have passed. He also emphasized that if Congress does pass a bill, it would supplant whatever executive actions he might take, so taking some executive actions might provide a nice inducement for them to do something.
So yesterday when Boehner had his own press conference, he got super-mad:
“I’ve made clear to the president that if he acts unilaterally, on his own, outside of his authority, he will poison the well, and there will be no chance of immigration reform moving in this Congress. It is as simple as that,” he said. “When you play with matches, you take the risk of burning yourself. And he’s going to burn himself if he continues to go down this path.”
Let’s think about this “poisoning the well” idea. Boehner is saying that if President Obama takes executive action, congressional Republicans will be angry and distrustful, which would make legislating harder. While up until now, they’ve been friendly and trusting toward Obama, and willing to work together.
Just a couple of days after the election, Boehner is already preparing excuses for why he failed. Why didn’t immigration reform pass? Because Barack Obama is a big meanie!
That well was poisoned long ago, and it was Republicans who did the poisoning. This is an important reminder that the fundamental dynamic within the GOP—in which appeasing the party’s right wing is the primary concern of the leadership—has not changed at all. In fact, it’s been intensified. In both the House and Senate, the incoming GOP caucus will be more conservative than they are right now. The problem was never that John Boehner didn’t think it was good for the country or his party to pass comprehensive immigration reform, the problem was that he didn’t have the courage to stand up to the Tea Party right. And now there are even more of them.
Meanwhile over in the Senate, you’ll have a combination of Republicans up for re-election in two or four years who will be increasingly nervous about a primary challenge from the right, and new members who hail from the Ted Cruz caucus. You think you’ll get a yes vote for comprehensive reform from Tom Cotton, who claimed during the campaign that ISIS and Mexican drug gangs were conspiring to attack us via the Rio Grande? How about Joni Ernst, who talked about shooting government officials and believes the United Nations has a secret plan to force Iowa farmers off their land and relocate them to urban centers? Or James Lankford, who thinks too many American children are on ritalin “because welfare moms want to get additional benefits”? Is this the group of sensible moderates that is going to vote for comprehensive reform?
I’ll bet that John Boehner would like nothing better than to have Barack Obama issue some executive orders on immigration. Then he’d have an easy answer every time someone asked when he was going to allow a vote on a comprehensive immigration package. What can I do? Obama poisoned the well. It’s not my responsibility anymore.
By: Paul Waldman, Contributing Editor, The American Prospect, November 7, 2014
“Republicans Cloaking Their Extremism”: The Values Election We Didn’t Have — And Must Have
Tuesday’s elections have left us with a dismal political landscape in Washington, D.C. and exposed the deep dissatisfaction many Americans feel with the economy and the functioning of government.
The results also, let’s be frank, pay sad tribute to the dishonest genius of Republican Party strategists, who coached candidates to hide clear records of extremism, and who spent six years laser-focused on making Congress dysfunctional while managing to convince voters it was the fault of President Obama and the Democrats.
By cloaking their extremism, and by evading responsibility for anti-government and anti-governing obstructionism, Republican leaders kept voters from having a clear sense of the real contest this year’s elections represented. In 2008 and 2012, there was no denying that the elections were between two very different systems of values and ideas about the role of government in promoting and protecting the well-being of its people. This year’s election was largely a failure to the extent that it was not about values and policies but the personal unpopularity of President Obama, any and all government failings, and the dysfunction in Washington.
In fact, there’s a troubling paradox in the election results: some of the best news for progressives is also some of the most depressing, because it points to the depth and cost of our political failures.
Here’s what I mean. Voters in red states and blue cities alike voted to raise the minimum wage, which polls show has majority support across the political spectrum. But those same voters elected Republican candidates who have opposed efforts to raise workers’ wages. Colorado and North Dakota both rejected anti-choice “personhood” amendments, but voters elected officials in favor of “personhood” laws and hell-bent on closing down health clinics. Polls show support for equal rights for LGBT people way up, but many voters still supported candidates who are committed to resisting any gains toward legal equality.
Voters are rightly dissatisfied with an economy that leaves so many workers and families with stagnant or sinking wages and opportunities. Yet they voted for candidates most likely to make those problems worse. Americans who are hurting are not the ones who will benefit from further tax cuts for the rich, policies that give wealthy corporations and shadowy political groups more influence over elections than voters and ordinary people, and the gutting of regulations that protect consumers and communities from wrongdoing by unaccountable corporations. They’re concerned about climate change yet their votes yesterday hand the gavel of the Senate committee responsible for dealing with it to a climate change denier.
The deck was clearly stacked against progressives this year. Democrats faced contested races in a number of conservative states. There was seemingly no end to the bad news overseas, some of which found its way home. And President Obama’s popularity dwindled even as the economic picture brightened, because so many people were not feeling any of the benefits in their own pockets.
But that’s no excuse for the wave of defeats. Too many Democrats did not make a clear and convincing case about the consequences of policies pushed by far-right activists and promoted by Republican elected officials. And that allowed the debate to become a referendum on voters’ feelings about Barack Obama — and on an insider’s squabble about where the buck stopped on the lack of effective action in Congress.
We must not let Republicans continue to get away with the sleight-of-hand they used to distract voters from their extremism this year. Progressive leaders must make clear what values are at stake in the upcoming policy debates — and whose policies are aligned with the American values and the interests of American families. We must push Democrats to draw clear distinctions between the values of the far-right lawmakers who will make this the most ideologically extreme Congress in memory and the voters who believe our nation’s future depends on prosperity that is broadly shared, not funneled only to those at the very top. This also requires Democrats to have a clear agenda that excites the people who sat out this week’s elections.
Moving forward, the most important mission for President Obama and Democratic congressional leaders is not to show how well they can work with Republican congressional leaders, but to show voters that they can and will take principled stands when core values are at stake, and to help Americans understand how the policy agenda of far-right Republicans undermines the kind of communities and country they want to live in.
By: Michael B. Keegan, President, People For the American Way; The Huffington Post Blog, November 5, 2014
“Midterms Rewarded Personal Irresponsibility”: The Moral Hazard Created By The Republican Midterm Victory
One of the hardiest of conservative memes over the last few decades has been about the moral hazard created by The Welfare State: Helping people who are poor or sick may have some social benefits, but they are far outweighed by the dangers of rewarding personal irresponsibility, you see. People–and sadly, their children–need to suffer visibly and painfully for their failure to achieve success in this, the greatest country in the history of the world, where anyone with some initiative and persistence can do well. Then they’ll shape up or perish, and others will be warned.
This has always been more than a little self-serving for those who thereby celebrate their own righteousness, while often confusing privilege and luck with virtue. But I do see their point a bit better today in thinking about the moral hazard created by the Republican midterm victory of 2014. Paul Krugman crystallized it perfectly:
the biggest secret of the Republican triumph surely lies in the discovery that obstructionism bordering on sabotage is a winning political strategy. From Day 1 of the Obama administration, Mr. McConnell and his colleagues have done everything they could to undermine effective policy, in particular blocking every effort to do the obvious thing — boost infrastructure spending — in a time of low interest rates and high unemployment.
This was, it turned out, bad for America but good for Republicans. Most voters don’t know much about policy details, nor do they understand the legislative process. So all they saw was that the man in the White House wasn’t delivering prosperity — and they punished his party.
You’d better believe that if Republicans are ever in the position Democrats were in when McConnell and company decided on this scorched-earth strategy, this lesson of 2014 will be remembered–because after all, personal irresponsibility was rewarded.
By: Ed Kilgore, Contributing Writer, Political Animal, The Washington Monthly, November 7, 2014