“What’s A Speaker To Do?”: It’s Not Looking Good For Boehner’s Anti-Obama Lawsuit
When House Speaker John Boehner (R-OH) announced his plan to sue President Barack Obama for delaying enforcement of the Affordable Care Act’s employer mandate, the reviews were swift and negative. Legally, the lawsuit seemed destined for failure. Politically, it looked like a dud that could actively backfire on the GOP.
Two months later, things aren’t looking much better for House Republicans’ quest to scramble the balance of power in Washington.
On Tuesday, a federal appeals court tossed out a different lawsuit challenging the Obama administration’s employer mandate delay. The 7th Circuit Court of Appeals in Chicago ruled that the Association of American Physicians and Surgeons had no right to sue.
Politico’s Jennifer Haberkorn reports:
A unanimous three-judge panel threw out the case only three days after oral argument, a breakneck speed.
The physicians’ group argued that the Obama administration doesn’t have the right to delay the implementation of the employer mandate, particularly without delaying the individual mandate, too. The doctors said they are harmed because when people pay the penalty, they have less income to buy medical care from them.
“The [Supreme] Court has rejected efforts by one person to litigate about the amount of someone else’s taxes (or someone else’s subsidies, which are taxes in reverse),” Judge Frank Easterbrook wrote for the three-judge panel, which also included Judges William Bauer and Richard Posner. All three were nominated to the bench by Republican presidents.
This creates an obvious dilemma for Boehner and the House GOP, who are expected to advance a very similar argument. Making matters worse, their original legal team has jumped ship.
On Friday, The New York Times reported that attorney David B. Rivkin Jr., who had agreed to take the case on behalf of House Republicans, “withdrew from the case under pressure after facing criticism that he had taken on an overly partisan lawsuit.” The report adds that some of Rivkin’s partners feared that the suit would hurt the firm’s credibility, presumably due to its divisive nature and extremely long odds for success.
The new attorney handling the suit, William A. Burck, has recently popped up in the news for helping House Republicans sue Attorney General Eric Holder to turn over documents related to the “Fast and Furious” gun-running scandal, and for defending former Virginia first lady Maureen McDonnell in her corruption trial (neither ended particularly well).
So what is Speaker Boehner to do? He could abandon his plan in the name of fiscal conservatism, and save $350,000 for the taxpayers (and his caucus from a lot of embarrassment). But Republicans still have plenty of fundraising to do before Election Day, so expect them to plow ahead — and to refuse to rest until Obamacare is fully implemented.
By: Henry Decker, The National Memo, September 23, 2014
“Sniveling Little Children”: Boehner Laments ‘Knuckleheads’ Within House GOP
Once in a while, House Speaker John Boehner (R-Ohio) sounds like a man who isn’t entirely fond of his ostensible followers.
Speaker John Boehner said that he’s got a “few knuckleheads” to deal with, and that’s largely why the Republican majority in the House looks good on paper but doesn’t always pan out with votes.
“On any given day, 16 of my members decide they’re going to go this way, and all of a sudden, I have nothing,” he said, describing the reality of his “paper majority” in the House, The Hill reported. “You might notice I have a few knuckleheads in my conference.”
According to the report in the conservative Washington Times, Boehner went on say, “Dealing with Democrats is one thing. Dealing with the knuckleheads is another.”
Whether he finds one easier to deal with than the other was unclear.
These comments come just five months after the Ohio Republican publicly mocked his own members over their reluctance to work on immigration reform.
“Here’s the attitude: ‘Oh, don’t make me do this. Oh, this is too hard,” Boehner said, in a tone deriding House Republicans as if they were sniveling children. He added, “We get elected to make choices. We get elected to solve problems, and it’s remarkable to me how many of my colleagues just don’t want to.”
Remember, this was the Republican Speaker referring to Republican House members. Now Boehner is also willing to concede an unknown number of his members are “knuckleheads,” too.
The candor is certainly welcome, though the larger point is how understandable the Speaker’s dissatisfaction is.
As we were reminded in late July, when House Republicans killed Boehner’s border bill, the Speaker has surprisingly limited influence over what his members actually support.
A Democratic source on Capitol Hill recently sent around a brutal collection of bills Boehner asked his members to support, only to see his own House GOP conference reject his appeals: a grand bargain, a debt-ceiling bill in 2011, a payroll tax extension, a transportation bill, a farm bill, one fiscal-cliff bill, another fiscal-cliff bill, another farm bill, and then yesterday. I think my source might have even missed a couple, including the collapse of Boehner’s debt-ceiling bill in February 2014.
What’s more, think about how regularly Boehner is pushed around. He didn’t want to initiate a debt-ceiling crisis, but his members didn’t give him much of a choice. The Speaker didn’t want to hold several dozen ACA repeal votes, but his members called the shots on this, too.
Four years after taking hold of the Speaker’s gavel, Boehner has no legislative accomplishments and has developed a reputation as the weakest Speaker in modern times.
The surprise isn’t that Boehner calls his members “knuckleheads”; the surprise is that he doesn’t use stronger language in public.
By: Steve Benen, The Maddow Blog, September 17, 2014
“Pay Close Attention!”: Don’t Be Fooled By New GOP Enthusiasm For Over-The-Counter Birth Control
The hot new trend among Republican candidates is a surprising one, to say the least. As of now there are four GOP Senate contenders who have endorsed making birth control pills available over the counter.
All four — Cory Gardner in Colorado, Thom Tillis in North Carolina, Ed Gillespie in Virginia, and Mike McFadden in Minnesota — oppose abortion rights, and all four oppose the Affordable Care Act’s mandate that insurance policies pay for preventative care, including birth control, with no deductibles or co-pays. Yet these conservative Republicans are touting their deep commitment to easily available birth control. It’s likely that more Republicans will now be asked their position on OTC birth control, and some will embrace it to counter Dem criticism that they’re soldiers in a “war on women.”
The one who has advocated OTC birth control pills most aggressively is Gardner, in large part because he has been the target of relentless criticism from Democrats over his prior support of “personhood” measures granting full legal status to fertilized eggs, which would outlaw not only abortion but some forms of birth control as well. Here’s an ad in which Gardner practically pretends to be Gloria Steinem while a group of women nod and smile their approval.
Democrats telegraphed way back in April that they would make these attacks central in multiple Senate races. The fact that Republicans have come up with this new push-back suggests the Dem attacks may have been working.
The new-found embrace of OTC birth control pills might seem odd, even bizarre. But it makes more sense if you think about it as a fundamentally elitist position. The truth is that conservatives have long been much more concerned with restricting the reproductive choices available to poor and middle class women, while leaving wealthy women free to do pretty much as they please. And allowing birth control pills to be sold over the counter is perfectly in line with that history.
Let’s be clear that making birth control pills available over the counter would be a good thing — but only if insurance continued to pay for it. The cost of the pill can be as much as $600 a year, which is out of reach for many women. And we know that insurance companies seldom reimburse customers for OTC medications. The price of the medication might come down over time if it were sold over the counter, but in the meantime millions of women are dependent on their insurance plans to be able to afford it. By opposing the ACA, all these GOP candidates are putting themselves on record in opposition to requiring insurance companies to pay for any birth control in policies women themselves have bought. And that’s not to mention other forms of contraception, like IUDs, that require a doctor’s care and come with a significant up-front cost.
If you’re well-off, you can afford whatever kind of contraception you like whether your insurance company reimburses for it or not. And abortion restrictions don’t impose much of a burden on you either. The federal government bans Medicaid from paying for abortions, but that only affects poor women. A law mandating a 48-hour waiting period before getting an abortion may be an inconvenience for a wealthy woman, but it can make it all but impossible for a woman without means. In some states, it means taking (unpaid) time off work to travel to one of the state’s few abortion clinics, driving hundreds of miles, and paying for a hotel room.
While they’re going to use a lot of buzzwords like “access” and “choice,” the net effect of the policies these candidates are advocating would be to make birth control less available to women. And I think that’s why we haven’t seen any public blowback from the Christian right on this issue. The articles written about the new Republican enthusiasm for OTC birth control sometimes include a disapproving quote from a representative of the Catholic Church. But none of the bevy of organizations with the word “Family” in their name, which are so vehemently opposed to any kind of reproductive freedom for women, are loudly condemning these candidates. Nor are any of their Republican colleagues. So what does that tell you?
By: Paul Waldman, Contributing Editor, The American Prospect, September 8, 2014
“So Far, Just Ripples”: The Wave Has Failed To Materialize
Meanwhile, back at the ranch — as foreign events hog the spotlight — why haven’t Republicans sealed the deal on the coming election?
When summer began, the conventional wisdom was that the GOP sorta kinda probably maybe would take control of the Senate in November. As summer ends — and it hasn’t been great for President Obama, which means it also hasn’t been anything for the Democratic Party to write home about — that same equivocal assessment still holds.
The Real Clear Politics Web site, which aggregates polls, rates nine Senate races as tossups. If incumbents Kay Hagan of North Carolina, Mary Landrieu of Louisiana and Mark Pryor of Arkansas manage to scrape out wins, the Web site calculates, Democrats will retain a 51 to 49 edge and Harry Reid gets to keep his job as majority leader.
Let’s say that one of those Democrats falters — or even two. It seems entirely possible that Bruce Braley could defeat Republican Joni Ernst in an Iowa race that polls show as a dead heat. Democrat Michelle Nunn may be gaining ground on David Perdue in Georgia, although a recent poll showing Nunn in the lead is probably an outlier. And the man who wants Reid’s job, Minority Leader Mitch McConnell of Kentucky, is in a surprisingly tough race against Democrat Alison Lundergan Grimes.
All in all, you still have to give the edge to the GOP. But it is a surprisingly narrow and tenuous advantage in a year when some analysts were predicting a wave election in favor of Republicans.
So far, just ripples. Why could that be?
This time, the GOP managed not to nominate candidates whose views are so extreme — or so wacky — that they might effectively concede what ought to be safe seats. The party establishment made ideological concessions to the tea party wing, but managed to insist on nominees who have a chance of being elected. No Republican candidate has spoken of solving problems with “Second Amendment remedies,” as Sharron Angle did in 2010, or run a television ad to declare “I’m not a witch” a la Christine O’Donnell that same year.
The candidates may be plausible, but they’re running on the wrong issues. Rather, the wrong issue: the Affordable Care Act.
“Repeal Obamacare” remains a rallying cry for the GOP’s activist base — perhaps less for the law itself than the president for whom it is named. But for independent voters, undoing health-care reform is not the sure-fire issue Republicans hoped it would be.
The program is in effect. Some people who previously could not obtain health insurance now have it. Most people are unaffected. Despite all the dire GOP predictions, the sky has not fallen.
Yet Republican candidates say otherwise, describing a dystopian breakdown of the nation’s health-care system that simply has not occurred. And they go all tongue-tied when asked how they could manage to repeal Obamacare in the face of a certain veto by Obama — or, more tellingly, just what they would put in place if they somehow succeeded.
Much of the news dominating the headlines this summer has been taking place overseas — Russia’s slow-motion invasion of Ukraine, the rise of the Islamic State in Syria and Iraq, whatever it is that seems to be happening in Libya. Blasting Obama for failed leadership is a guaranteed applause line, but GOP candidates are not even trying to articulate what the president should be doing differently. Airstrikes in Syria? Ground troops back to Iraq? Anybody want to speak up?
Nor has the party developed an economic message that goes beyond the familiar standbys: tax cuts, spending cuts, deregulation. The public is clearly not thrilled with the state of the economy — as reflected in Obama’s low approval ratings — but growth is up and unemployment is down. The claim that Democratic policies inevitably lead to ruin rings hollow.
Still, Democrats have an uphill fight, even if it’s not nearly as steep as the GOP hoped. To hold the Senate, segments of the Democratic coalition who often skip midterm elections — African Americans, Latinos, younger voters — will have to turn out. And polls show that Republicans maintain an edge in enthusiasm.
Which brings me to the wild card: immigration.
Obama is considering executive action that could give legal status to thousands or even millions of undocumented immigrants. Would that inflame conservatives and drive Republican turnout through the roof? Would it excite the Democratic faithful, especially Latinos, giving them a reason to vote?
This thing is unpredictable. And that’s a surprise.
By: Eugene Robinson, Opinion Writer, The Washington Post,September 1, 2014
“Quite The Candidate”: Ben Carson Stands By U.S., Nazi Comparisons
Remember neurosurgeon-turned-conservative-activist Ben Carson? He’s apparently still around, still making needlessly provocative remarks, and still moving forward with his presidential plans.
In fact, Ben Terris reported from Iowa yesterday on a Carson event in Des Moines.
He’s inside this meeting hall, before a sellout crowd of nearly 400 people at the Polk County Republicans’ end-of-summer fundraiser, to discuss bullies of a different order. He wants to talk about the “secular progressives” in the news media, politics and academia who will stop at nothing to change the nation as we know it. He also wants to do this in Iowa, while raising money for local Republicans, coinciding with the start of his new PAC, which will “lay the groundwork” should he decide to run for president. […]
He speaks softly, almost as though he’s reading a child to sleep. But this is a scary story. If Republicans don’t win back the Senate in November, he says, he can’t be sure “there will even be an election in 2016.” Later, his wife, Candy, tells a supporter that they are holding on to their son’s Australian passport just in case the election doesn’t go their way.
Just so we’re clear, the implication here is that Carson believes President Obama, tyrant that he is, may not allow elections in 2016. It’s why Carson’s family is preparing to flee the United States, just in case.
As for Carson arguing earlier this year that contemporary American life as “very much like Nazi Germany,” the right-wing doctor told Terris, “You can’t dance around it…. If people look at what I said and were not political about it, they’d have to agree. Most people in Germany didn’t agree with what Hitler was doing…. Exactly the same thing can happen in this country if we are not willing to stand up for what we believe in.”
I guess that means he’s not sorry?
Fox News’ Chris Wallace said yesterday that Carson, himself a Fox contributor, probably doesn’t have a “serious chance” to actually be elected president, but Wallace added he’d “love” to see Carson run anyway.
It’s not clear why.
For those who’ve forgotten Carson’s rise to Tea Party notoriety, Carson last year equated homosexuality with pedophilia and bestiality. He soon after started comparing the Affordable Care Act to slavery, before comparing Americans to Nazis.
I swung by the page Right Wing Watch set up to document Carson’s more notable remarks and I was amazed at some of the recent entries. Carson said political correctness contributed to Michael Brown’s death in Ferguson, and those who protested the shooting reminded him of Hamas.
Last month, Carson characterized the debate over marijuana legalization as a distraction from Benghazi. Seriously.
He’ll be quite a candidate.
By: Steve Benen, The Maddow Blog, August 29, 2014
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