“Willfully Disobeying The Law”: Republican Leaders Refuse To Make Appointments To Key Obamacare Panel
The top two Republicans in Congress informed President Obama on Thursday that they will refuse to fulfill their duty under the Affordable Care Act to recommend members of a new board with the power to contain Medicare spending.
It’s a dramatic power-play driven by the explosive partisan politics of Obamacare and with potentially important implications for federal health care policy.
In a letter to President Obama, House Speaker John Boehner (R-OH) and Senate Minority Leader Mitch McConnell (R-KY) noted their original opposition to Obamacare, reiterated their intent to repeal it entirely, and declared that they would not make any appointments to the Independent Payment Advisory Board.
The IPAB is a 15-member panel whose members must be confirmed by the Senate. The President selects three members himself and is required by law to seek three recommendations each from the top Democrat and Republican in each chamber. With Thursday’s letter, Boehner and McConnell refused to make any recommendations.
The IPAB will be stood up in 2014 by Obamacare and tasked with making cuts to Medicare provider payments (it may not touch benefits) if costs exceed economic growth plus an additional percentage point in any given year. Congress can override it by passing equally large cuts with a simple majority or waiving the cuts entirely with a three-fifths majority.
“Because the law will give IPAB’s 15 unelected, unaccountable individuals the ability to deny seniors access to innovative care, we respectfully decline to recommend appointments,” Boehner and McConnell wrote in the letter.
But there is a catch: if IPAB fails to do its work for any reason, the Health and Human Services secretary must order the cuts herself. So in a way, Boehner and McConnell are surrendering some of their power in order to appear as though they’re thwarting Obamacare — when in reality they’re merely turning over more control to the executive branch.
“Under the ACA, if the IPAB fails to make a recommendation as required under the IPAB provision, the Secretary may make a recommendation in its place,” said Tim Jost, a professor of health law at Washington and Lee University. “So if no IPAB is created, it is not fatal.”
IPAB is, however, capable of functioning without all of its members confirmed. But the letter reflects a continuation of broader GOP obstruction of Obamacare implementation. Senate Republicans have suggested that they may filibuster any IPAB nominee, period.
This approach makes it easier for a future Republican president to neuter IPAB by executive fiat. In the short term, it puts the Obama administration more directly in the political line of fire for any cuts that it does approve.
The other political incentive for Republicans to oppose IPAB is that spending Medicare dollars more wisely makes it easier to sustain the single-payer structure of the program, and makes it harder to argue that it needs to be privatized, as the Paul Ryan budget does.
There is some irony as well in Boehner and McConnell refusing to play ball on IPAB — a key cost containment mechanism in Obamacare — while their party is complaining about potential cost increases under the law, and government spending more generally. Limiting Medicare spending and cutting the deficit, part of the rationale for IPAB, are routinely touted as central GOP goals.
“We believe Congress should repeal IPAB, just as we believe we ought to repeal the entire health care law,” Boehner and McConnell wrote. “In its place, we should work in a bipartisan manner to develop the long-term structural changes that are needed to strengthen and protect Medicare for today’s seniors, their children, and their grandchildren. We hope establishing this board never becomes a reality, which is why full repeal of the Affordable Care Act remains our goal.”
By: Sahil Kapur, Talking Points Memo, May 9, 2013
“How To Stop Government”: A Republican Field Guide To Obstructionist Techniques
In a recent Pew Poll, 80 percent of respondents said the president and Republican leaders were not working together to address important issues — and, by a two-to-one margin, said the G.O.P. was more to blame for gridlock.
Despite their minority status in the Senate, the people on the right side of the aisle have managed to muck up the works. Their obstructionist repertoire is so extensive that you almost need a field guide to their delaying techniques.
Here’s a start on that guide.
Filibuster Abuse: The practice of halting Senate deliberation is an old one, practiced by both parties, but the current Republican caucus has taken it to new heights. They have filibustered an unprecedented number of President Obama’s nominees. The District Court for Washington, D.C., perhaps the most important appeals court in the land, has four of its 11 seats vacant. The last time the Senate confirmed a judge was in 2006. The Republicans have filibustered all of Mr. Obama’s nominees because Republicans simply don’t want him to appoint any judges to a currently conservative court, which rules on appeals involving federal regulatory agencies, and which has exclusive jurisdiction over national security matters.
Boycotting: Also known as taking your marbles and going home, the most recent example came on Thursday, when Republicans refused to attend a meeting of the Environment and Public Works Committee, thereby blocking the nomination of Gina McCarthy as head of the Environmental Protection Agency. They claimed they were not completely satisfied with her answers to the more than 1,000 questions they dumped on her in the confirmation process. In addition to stymying Mr. Obama, holding up her nomination has the great virtue of hamstringing the E.P.A., which the right thinks shouldn’t exist in the first place. And that leads us to the next G.O.P. tactic:
Denial of services: Some government agencies require a certain number of members, or a permanent chief, to operate. If the Republicans don’t like those agencies, they simply make sure those positions never get filled. For instance, the National Labor Relations Board, which Republicans loathe because it protects workers, requires a quorum to take action. So the Republicans refused to confirm Mr. Obama’s nominees. Then they held fake pro-forma sessions during their vacations to try to prevent him from making recess appointments. He did that anyway and the Republican-packed D.C. appeals court (see above) ruled that the appointments were illegitimate — which could invalidate scores of decisions. The Republicans are playing this same trick with the Federal Consumer Financial Protection Bureau, which was created in response to the wildly reckless actions that led to the financial collapse of 2008.
Investigate again and again and again: When Darrell Issa, took over the House Committee on Oversight and Government Reform after the G.O.P. won the House majority in 2010, he said he wanted to hold “seven hearings a week times 40 weeks.” His supposed reason was that Mr. Obama is “corrupt.” That’s a frequent Republican talking point, but it’s so obviously ridiculous that I wonder if they actually believe it. In any case, the real reason is that endless “investigative” hearings cause trouble and distract administration officials from their actual jobs. The hearings on Benghazi, for example, have revealed none of the impeachable offenses that Republicans claimed would come to light. They have kept Congress and the administration focused on what happened in Libya eight months ago, which was awful, rather than on what is happening there today, which is awful.
Refuse to negotiate: Republicans in Congress used to complain that the Senate Democrats hadn’t produced a budget in the last four years. But recently the Democrats did just that. So the Republicans abandoned their old talking point and are now refusing to form a conference committee to reconcile the Senate budget with the House budget.
By: Andrew Rosenthal, The Opinion Pages, The New York Times, May 10, 2013
“Bad Heritage”: One Wonders If Jim DeMint Is Quite The Person To Lead The Way Toward The Think Tank’s Redemption
When Jim DeMint left the Senate to assume command of the Heritage Foundation, some people questioned the wisdom of the move. Not from DeMint’s perspective—after all, instead of being a staunchly conservative member of the minority party with a staff of a few dozen whose job was to throw rhetorical bombs at the majority and say mean things about Barack Obama, now he’d have a staff of a few hundred and rule one of the right’s most important institutions, not to mention probably quadrupling his salary. No, the puzzle was why a think tank like Heritage would want someone like DeMint, not known for putting much stock in thinking, as its leader.
And before you know it, Heritage is taking a huge hit to its reputation. It was always known for producing tendentious analyses of issues, but the report it released this week on immigration, claiming that reform would cost the country trillions of dollars, was a masterpiece of glaring omissions and questionable assumptions; included among the latter was that immigrants and their children will never move up the economic ladder.
Then we got a little more insight into where that belief might have come from. It turns out that one of the report’s co-authors, the spectacularly named Jason Richwine, wrote a dissertation at Harvard claiming that there are immutable differences in intelligence between races, and that should govern our immigration policy. “No one knows whether Hispanics will ever reach IQ parity with whites, he wrote, “but the prediction that new Hispanic immigrants will have low-IQ children and grandchildren is difficult to argue against.” Then we discovered that this wasn’t the first time Richwine had opined on the alleged intellectual inferiority of certain races. With the heat growing, today Richwine resigned from Heritage.
But there may be an upside for Heritage in all this. For some time to come, their quantitative work will be subject to extra scrutiny, with observers on the lookout for both statistical shenanigans and the authors’ repellent views whenever a new Heritage report comes out. The organization will surely know this, which could lead them to be unusually careful and restrained in the arguments they make. If so, they could end up producing better work and eventually overcome the damage this episode has done. But one wonders if Jim DeMint is quite the person to lead the way toward redemption.
By: Paul Waldman, Contributing Editor, The American Prospect, May 10, 2013
“Watergate Revenge”: Republican Psycopaths Yearning To Impeach President Obama Over Benghazi “Cover-Up”
Less than four months after Barack Obama’s inauguration, the right-wing propaganda machine is already promoting the only imaginable conclusion to a Democratic administration that dares to achieve a second term: impeachment. Once confined to the ranks of the birthers, the fantasy of removing President Obama from office is starting to fester in supposedly saner minds.
Certainly impeachment is on the mind of Mike Huckabee, the Fox News commentator who — as a former governor of Arkansas and political antagonist of Bill Clinton – can be expected to know something about the subject. On Monday, he predicted that the president will be forced from office before the end of his term by the controversy over the Benghazi consulate attack last September. According to Huckabee, while the Watergate scandal was “bad,” Benghazi is worse because four Americans died there, including Ambassador Christopher Stevens.
The proximate cause for impeaching Obama, he suggested, is the “cover-up” of the facts concerning Benghazi. Moreover, he said, if the Democrats “try to protect the president and their party, and do so at the expense of the truth, they will go down.” When “the facts come out,” predicted Huckabee, “something will start” and ultimately the Democrats will lose “the right to govern.”
Presumably Huckabee believes impeachment would be easier than winning a national election. He isn’t alone in ruminating on the removal of a president who just won re-election last November — not on Fox News, anyway. (The ever-crafty Huck hedged by noting, however, that none of this will come to pass if Democrats win the midterm elections next year.)
Meanwhile, former UN ambassador John Bolton, whose cranky pronouncements continue to embarrass responsible conservatives, upped the ante by confiding what Huckabee left out – namely, that like every desperate Republican, he yearns for a Benghazi scandal that will stick. If there was no cover-up, Bolton insisted with characteristically twisted logic, that would prove Obama (the president who dispatched Osama bin Laden) simply doesn’t understand the ongoing threat from al Qaeda. “If it was merely a political cover-up,” he noted with satisfaction, “then there can be a political cost to pay.”
No doubt both Bolton and Huckabee — not to mention Rep. Darrell Issa, whose House Government Reform Committee maintains an ongoing Benghazi probe — plan to charge that cost not only to Obama but to a certain woman who now leads every 2016 presidential poll.
The meager substance of the “cover-up” canard was debunked months ago – and to date nothing has emerged to change those facts. (Indeed, even some of the most gullible denizens of Fox Nation have rejected the attempted frame-up lately.) Were the Republicans interested in constructive change rather than invented conspiracies, they might consult the Benghazi testimony of former general David Petraeus and former Secretary of State Hillary Clinton, as well as the unvarnished report by former ambassador Thomas Pickering and Admiral Mike Mullen.
But defending American diplomats and promoting American prestige are both foreign to the Republican agenda, which is concerned with nothing more elevated than partisan power.
With his far-fetched comparison to Richard Nixon’s disgrace, Huckabee helpfully unveiled a flashing neon clue to GOP psychopathology. The desire for revenge over Watergate, a Republican obsession for decades, was the underlying motivation for the outlandish Whitewater investigations that targeted the Clintons almost 20 years ago. Now, as the Obama presidency continues, America’s political predicament increasingly resembles the worst moments of that era, when the furious derangement that grips the opposition began to emerge in full.
For years we have seen the same campaign to demonize the president, the same systematic obstruction, the same refusal to accept a democratic verdict – and now the same urge to invent high crimes and misdemeanors. The only difference is that the timetable for impeachment – which didn’t commence for Clinton until the end of 1997 — appears to be accelerating.
By: Joe Conason, The National Memo, May 8, 2013
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