“The Carnage Will Continue…For Now”: This Is One Of Those Moments When It Is Tempting To Get Cynical
Sen. Chris Murphy’s filibuster was successful in pressuring Republicans to hold votes last night on whether or not to require background checks on all gun purchases and add terrorist suspects to the list of people who are barred from buying guns. But those measures failed to get the 60 votes in the Senate that are needed to pass.
In order to limit the damage voting against those common sense reforms will do in the upcoming election, Republicans offered their own versions of the bills to muddy the waters. In the end, the Senate voted on 4 amendments.
The Senate voted 47 to 53 to reject a measure from Sen. Dianne Feinstein (D-Calif.) to let the attorney general deny firearms and explosives to any suspected terrorists. Sen. Heidi Heitkamp of North Dakota was the sole Democrat to vote against the measure, while Republican Sens. Kelly Ayotte of New Hampshire and Mark Kirk of Illinois, both of whom face tough re-election contests, voted for it.
The Senate also rejected a Republican alternative from Sen. John Cornyn (R-Texas), that would allow authorities to delay a gun sale to a terrorism suspect for three days or longer if a judge ruled during that time that there is probable cause to deny the firearm outright. The vote was 53 to 47, falling short of the 60 votes needed.
Two Democrats, Sens. Joe Manchin of West Virginia and Joe Donnelly of Indiana, backed the measure. But three Republicans – Sens. Jeff Flake of Arizona, Kirk and Susan Collins of Maine voted against Cornyn’s amendment…
The Senate also rejected, on a 44 to 56 vote, a measure from Sens. Chris Murphy (D-Conn.), Cory Booker (D-N.J.) and Charles Schumer (D-N.Y.) that would expand background checks for anyone trying to purchase a firearm, including at a gun show or online…
Both Manchin and Toomey refused to back Murphy’s more expansive measure. Democratic Sens. Heitkamp and Jon Tester (D-Mont.) – who is also running the Senate Democrats’ campaign operation this year – also voted against Murphy’s proposal…
Most Republicans backed an alternative from Sen. Charles Grassley (R-Iowa) that would only increase funding for the government to run background checks without expanding them. It failed on a 53 to 47 vote, falling short of the 60 votes needed…
Republican Sens. Kirk and Cory Gardner (R-Colo.) voted against the proposal; Sen. Joe Donnelly (D-Ind.) voted for it.
Republicans offered an unworkable alternative to banning terrorist suspects from buying guns (Cornyn’s bill):
Democrats countered that the time limitations in Cornyn’s alternative would make it functionally impossible to actually prevent suspicious individuals from purchasing firearms.
They also voted for a measure that would increase funding to do background checks, but didn’t close the loophole of being able to purchase them without one at places like gun shows (Grassley’s bill). So even if the Republicans’ alternatives had passed – they would have accomplished nothing.
Meanwhile, they were able to keep the Democrats from passing their bills with assists from a few Democrats, including Senators Heitkamp, Manchin and Tester.
To put this is some perspective, yesterday CNN released a new poll showing that 92% of Americans favor a background check for any gun purchase and 85% support preventing people who are on the U.S. government’s Terrorist Watchlist or no-fly list from owning guns. A majority (54%) also support a ban on semi-automatic assault weapons as well as the sale and possession of equipment known as high-capacity or extended ammunition clips.
To be honest, what the Democrats offered yesterday in the Senate was pretty weak tea when it comes to gun safety measures. But they did so knowing that they had the overwhelming support of the American people. And still…Republicans obstructed.
This is one of those moments when it is tempting to get cynical. I suspect that is precisely what Republicans and the NRA are hoping for. When people give up – they score a permanent win. But this is when I remind myself of the years it took for women to get the right to vote and for the Civil Rights Movement to end Jim Crow. We have two choices at a moment like this: give up and allow the carnage to continue, or remain committed to the struggle and keep fighting.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, June 21, 2016
“McConnell’s “Three No’s” Under Fire”: No Meetings, No Hearings, No Vote
I have to admit that Senator McConnell’s ability to keep his troops of Republican Senators in line over these last seven years has been what some might call “impressive.” The plan to totally obstruct anything President Obama and Democrats attempted to do meant that he had to get Senators from traditionally blue/swing states to go along. Time after time we witnessed his ability to do that.
Shortly after the death of Justice Scalia, McConnell announced the ultimate in total obstruction tactics. He issued three “no’s” to any nominee put forward by this President: no meetings, no hearings, no vote. But on this one, he hasn’t managed to make it stick.
A quarter of Republican Senators (16) have announced that they will meet with Obama’s nominee, Judge Merrick Garland. Last week, three Senators came out in favor of holding hearings: Kirk, Collins and Moran. And now, Senator Kirk has said that he would consider voting for Garland.
Sen. Mark Kirk on Tuesday became the first Republican to say he might be willing to vote for President Obama’s nominee to the Supreme Court.
“Obviously I would consider voting for him,” the Illinois senator told reporters before he met with the nominee, Judge Merrick Garland. “That’s the whole purpose.”
While not going as far as Kirk, Senator Collins indicated something similar.
“The President, whether Republicans like him or not, is our President until next January, until Inauguration Day and it just seemed to me that there was no basis for saying that no matter who the President nominates, we were not going to consider that individual.”…
Hearings and meetings “are the best way to thoroughly understand a nominee’s views,” Collins said. “Undoubtably, there will be issues that would arise in a hearing that would provide grounds for people who don’t want to vote for Judge Garland or in those who do.”
Obviously this isn’t enough of a break in McConnell’s troop discipline to get movement on hearings – much less a vote – on Judge Garland’s nomination. But the key figure in all this is Senator Chuck Grassley, who chairs the Senate Judiciary Committee. As Steve Benen reported yesterday, he is going to extraordinary lengths in his blue/swing state of Iowa to avoid public confrontation over his position. First of all, he is not publicly announcing his speaking engagements and/or meetings with constituents. Secondly, he is only visiting staunchly conservative areas of the state where he received 80-90% of the vote in his last election. Finally, even in those areas, he is facing “tough and repeated questions over his refusal to hold hearings on a nominee to the Supreme Court.”
It is anyone’s guess about whether the “no hearings” and “no vote” portion of McConnell’s plan will hold for the next seven months. But it is clear that the Majority Leader is facing some insurrection from the troops he had previously managed to keep in line.
By: Nancy Letourneau, Political Animal Blog, The Washington Monthly, March 30, 2016
“Tied To The Party’s Nominee”: Why Donald Trump Is Big Trouble For Republican Senators And Congressmen
Mitch McConnell can always be counted on to put a brave face on things. Asked on CNN’s State of the Union on Sunday whether he’s encouraging Republican Senate candidates to distance themselves from Donald Trump should he be the party’s nominee, McConnell essentially said that it isn’t a problem. “We are going to run individual races no matter who the presidential nominee is,” McConnell said. “Senate races are statewide races. You can craft your own message for your own people. And that’s exactly what we intend to do this fall, no matter who the nominee is.”
It’s certainly what many of them will try to do. But can they get away with it?
A few might. But distancing yourself from your party’s leader may be harder now than it has ever been.
To see why, we have to start with an understanding of how much information voters have about different candidates. We can think about a kind of information hierarchy, the top of which is the presidential race. That contest will dominate all the news sources people have about politics: newspapers, local and national TV news, social media, even the conversations they have with family, friends, and co-workers. If the race is between Trump and Hillary Clinton, the clash of these two big, controversial personalities will dominate the news.
The next level down is races for Senate or governor — amply funded, and featuring incumbents with whom people have at least a passing familiarity, but not nearly as prominent as the presidential race. You’ll absolutely hear Trump and Clinton’s messages, whether you believe them or not, but with the lower offices, it’s a challenge just to get the candidate’s name and face in front of people. Go to House seats, and then farther to state legislature or local races, and voters hear only the occasional snippet, drowned out by everything else that’s going on.
That means that it can be difficult to convince voters of something a bit complicated, something that requires them to undo their default assumptions. And one of those assumptions is that candidates from the same party are going to be partners.
Split-ticket voting (choosing one party’s candidate for president and a different party’s candidate for lower offices) has declined in recent years, which is understandable in an era of partisan polarization and tight party unity. Half a century ago, when both parties contained a relatively broad ideological spectrum — for instance, the Democratic Party had both Northern liberals and Southern conservatives — it made more sense to view an individual senator or congressman as a free agent who might act independently of his or her party. But today, most important votes break firmly along partisan lines, which means that your senator is probably not going to surprise you, or the president, with anything he or she does.
That’s not to say there are no more maverick legislators who frequently abandon their party to support the other side’s position. There are a few, like Joe Manchin (D-W.Va.) or Susan Collins (R-Maine). But there are fewer of them after every election, and they’re almost gone. The more party unity there is, the more every race is nationalized.
So a message like, “I don’t agree with my party’s leader, even though I will sometimes, but not at other times, and I agree with you that he’s a jerk” is going to be less persuasive now than it might have been at another time.
This could be especially tricky for the Republican incumbents representing swing states. We often think of “purple” states as containing mostly moderate voters, but that’s often not the case. Instead, they may have roughly equal numbers of strong liberals and strong conservatives. You can see that in places like Iowa and Wisconsin, both of which will have incumbent Republican senators facing serious challenges this year. That makes things complicated for those Republicans — they don’t want to alienate the Trump fans who will be coming out to vote for president, but they also don’t want to push away voters who can’t stand him.
And you can bet that in nearly every competitive Senate race, there are going to be ads targeting the Republican that will try to tie him or her to the Republican presidential nominee, particularly if Trump’s popularity stays as low as it is now. “Senator X stands with Trump,” they’ll say, as sinister music plays in the background. “Demeaning women. Threatening immigrants. Encouraging violence. Is that what we want representing us? Tell Senator X and Donald Trump that our state says no thanks.”
Some Republican incumbents are running in extremely conservative states, in which case they probably don’t have to worry. But others will face two questions: Whether they even want to distance themselves from Trump, and if they do, whether they can do it successfully. One thing’s for sure: it isn’t going to be as easy as Mitch McConnell would have you believe. And the farther you go down the ballot, the harder it’s going to get.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Week, March 22, 2016
“The Best Of Their Options”: Why Republicans Might Actually Put Merrick Garland On The Supreme Court
Today President Obama announced that Merrick Garland is his nominee to fill the seat of the late Antonin Scalia on the Supreme Court. This pick is something of a surprise, given Garland’s reputation as a moderate, and most importantly, his age — Garland is 63, meaning he would likely spend only 10 or 15 years on the Court if he is confirmed.
Of course, he may not be confirmed, since Republicans have made clear that they will refuse to hold hearings or votes on any nominee Obama offers, and have said they’ll even refuse to meet the the nominee. Mitch McConnell reiterated that again today. So there’s a clear political strategy behind this nomination on the White House’s part.
But there’s also a way in which Garland could end up actually making it to the Court — not because the White House managed to outmaneuver Republicans, but because they decided that confirming him was the best of their options.
First, let’s look at the White House’s thinking. Of course they’re going to say that this decision was made purely on Garland’s merits, and politics never entered in to it, that Garland was picked because he’s eminently qualified, and he’s well-respected by both Democrats and Republicans. Garland may have all the admirable qualities Obama spoke of today, but it’s also true that he is the hardest pick for Republicans to oppose. He’s probably the most moderate of the names that were mentioned, and when you combine that with his age (and the fact that he’s a white man), Republicans won’t be able to say that Obama is trying to appoint some radical leftist who will pull the Court far to the left for the next 30 or 40 years.
That means that Garland is the one whose appointment most clearly portrays Republicans as obstructionists when they refuse to consider him. That will not only help Hillary Clinton when she argues that Republicans are unreasonable and irresponsible, but it will also put some vulnerable Senate Republicans in uncomfortable positions, particularly Chuck Grassley of Iowa, Mark Kirk of Illinois, Kelly Ayotte of New Hampshire, and Pat Toomey of Pennsylvania, all of whom face tough challenges in the fall. So while it may not have a transformative effect on the election, Garland’s nomination could, at least by a bit, increase the chances both that Clinton is elected president and that Democrats will be able to take back the Senate.
The White House is also probably assuming that Republicans will oppose Garland, as they’ve promised. Garland has already had a full career and this is doubtless his last opportunity to ascend to the Supreme Court, so he may have been more willing than other potential nominees to go through this process, with the small chance that he will actually be confirmed.
But might he actually be confirmed? The answer is yes. Here’s how it might happen:
1. Hillary Clinton wins in November. Given that Donald Trump looks like he will be the nominee of the Republican Party, this looks like a strong possibility.
2. Democrats take back the Senate. Democrats need a net gain of four seats in order to get to 50, which was about an even bet before; with Trump leading the Republicans, that looks even more likely.
3. Democratic Senate leaders consider eliminating the filibuster for Supreme Court nominations. If Clinton were to win, Republicans could decide that they can live with an eight-member Supreme Court for four years, and simply refuse to confirm any Clinton nominee. If they do that, and if Democrats gain a majority, the Democrats would almost certainly get fed up enough to just take the final step and eliminate the filibuster for those nominations (they already eliminated filibusters for lower-court nominations in 2013). Indeed, they’re already considering it.
4. Republicans return after the election and confirm Garland. If Clinton wins and Democrats take the Senate, Republicans will face a choice between Garland and whoever Clinton would nominate — and that person would probably be more liberal, and far younger. So Garland, a moderate who might only spend 10 or 15 years on the Court, would suddenly look like easily the best option. So before the next Senate takes office in January, Republicans would quickly confirm Garland and cut their losses.
Liberals are reacting with a decided lack of enthusiasm over Garland’s nomination, both because of his moderation and his age. For them, the best of all scenarios is that Garland’s nomination flounders, Hillary Clinton gets elected, and appoints a younger and more liberal justice. They might get their wish — if Republicans don’t figure out what’s most in their interests first.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, March 16, 2016
“Another GOP Kamikaze Mission”: #NeverTrump Conservatives Are Fighting For Him To Reshape The Supreme Court
The organizing principle of the #NeverTrump movement isn’t simply that Republicans should deny Donald Trump their presidential nomination, as Marco Rubio has it, but that they should also deny him the presidency should he prevail in the primary.
Some conservatives’ implicit willingness to essentially throw the race for the White House should Trump become their party’s nominee has understandably raised questions about how thoroughgoing and enduring their opposition to him will prove to be. The other Republican candidates are still promising to support Trump in the general election, and presumably some stalwart-seeming #NeverTrumpers will fall into line as well.
Another, better reason to doubt that #NeverTrump is more than a strategic effort to defeat Trump in the primary—rather than in the general election—can be found in the Senate, where #NeverTrump sentiment is about to come into exquisite tension with the Republican Party’s determination to deny President Obama’s Supreme Court nominee a fair hearing.
The tactics #NeverTrump conservatives demand of Senate Republicans are of a piece with the reactionary maximalism that gave rise to the Trump phenomenon in the first place. The person who will determine whether this final act of resistance to Obama will hold together is Iowa’s Chuck Grassley, who chairs the Senate Judiciary Committee, and thus controls whether Obama’s nominee will receive confirmation hearings, fair or otherwise. Grassley faces reelection this year and will likely be running against a formidable Democratic opponent. Obama is reportedly vetting Jane Kelly, an appellate court judge from Iowa whom Grassley has praised effusively in the past. So there’s a great deal of countervailing pressure on Grassley to break ranks from the rest of the GOP—including Senate Majority Leader Mitch McConnell, who holds that the next president should get to fill the vacancy on the Supreme Court.
How is Grassley responding to that pressure? By arguing in essence that not confirming Obama’s nominee is a compromise between liberal forces who want the seat filled according to custom and the forces of reaction that “come to my town meetings and say, ‘Why don’t you impeach those justices?’”
This is a microcosm of the Republican Party’s broader failure to cope with Obama’s presidency—which in turn gave rise to Trump, on whose behalf Grassley will apparently risk his Senate seat, fighting to hold the Supreme Court vacancy open for him. Confronted for seven years with wild-eyed derangement about all things Obama, Republicans have responded by indulging rather than disclaiming it.
Grassley was the most prominent senator to vouchsafe the lie that the Affordable Care Act would contain “death panels.” Four years later, Republicans shut down the government in a show of resistance to the law’s implementation. More recently, Republicans have gotten themselves wrapped around the axle by an anti-Planned Parenthood agitprop campaign, orchestrated by people who are now indicted for tampering with government records.
These episodes of ill-fated intransigence define the Obama-era GOP, and they’ve laid the predicate for Trump to take over the party by promising to be a better fighter. The storylines collide on Capitol Hill, where Republicans, who desperately want to stop Trump, are now effectively united behind the purpose of letting him shape the Supreme Court for a generation.
And just as with the Republicans’ previous kamikaze missions—the government shutdown, the campaign to defund Planned Parenthood—this instance of pandering to reactionaries will also fail spectacularly, when Trump loses the general election in a landslide, and Hillary Clinton fills the open Supreme Court seat with whomever she wants.
By: Brian Beutler, The New Republic, March 14, 2016