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“Fraticidal Rage”: Ted Cruz Turns Obamacare Defunding Plan From Disaster To Utter Fiasco

Now that the House of Representatives has passed its bill to keep the government open and rid the world of Obamcare, the full strategic disaster the Republicans have embarked upon is coming into focus. The procedure is a little confusing, but once we disentangle the steps, it quickly becomes clear that the Republicans have started a dumpster fire they have no obvious way to extinguish.

It’s important to keep in mind that a government shutdown does not, in and of itself, stop Obamacare from going forward. Most of the money for that law has been appropriated through channels (tax credits, state-based exchanges, etc.) immune to shutdown. The Obamacare-shutdown method relies on the hope that keeping the government shut down proves so annoying to the president that he (or a filibuster-proof majority in both houses) submits to abolishing his health-care reform in return for reopening the government. That is the only way shutting down the government could result in the defunding of Obamacare.

Step one of this far-fetched scheme was the passage of a “continuing resolution,” which keeps the government open, attached to abolishing Obamacare. Now it goes to the Senate. Once that bill comes up for a vote in the Senate, the majority can vote to strip away the provision defunding Obamacare. That vote can’t be filibustered. It’s a simple majority vote, and Democrats have the majority.

What Senate Republicans can do is filibuster to prevent the bill from coming to a vote at all. That’s the only recourse the Senate defunders have. And Ted Cruz is promising to do just that: “ I hope that every Senate Republican will stand together,” he says, “and oppose cloture on the bill in order to keep the House bill intact and not let Harry Reid add Obamacare funding back in.” A “committed defunder” in the Senate likewise tells David Drucker, “Reid must not be allowed to fund Obamacare with only 51 votes.”

In other words, the new stop-Obamacare plan now entails filibustering the defunders’ own bill. They can do this with just 41 votes in the Senate, if they can get them. But consider how terrible this situation is for the Republicans. If they fail, it will be because a handful of Republicans joined with Democrats to break the filibuster, betraying the defunders. This means the full force of the defund-Obamacare movement – which is itself very well funded by rabid grassroots conservatives eager to save the country from the final socialistic blow of Obamacare — will come down on the handful of Senate Republicans who hold its fate in their hands. The old plan at least let angry conservatives blame Democrats for blocking their goal of defunding Obamacare. Now the defunders can turn their rage against fellow Republicans, creating a fratricidal, revolution-eats-its-own bloodletting.

But what if it succeeds? Well, success means the government shuts down because the Senate Republican majority has successfully filibustered a vote on the House bill preventing a shutdown.

Remember, the whole Republican plan to win the shutdown fight is to pin the blame on Obama. Obama is trying to shut down the government, they are already saying, and we’re trying to keep it open. That message depends on both houses of Congress passing a law that defunds Obamacare, and Obama refusing to sign it. Then they can present themselves as having acted to keep the government open, and Obama refusing to go along merely because he doesn’t want to snatch health insurance away from 20 million people.

It’s a patently disingenuous argument that stands no chance of success. But even that patently disingenuous message relies on establishing the optics of Obama refuses to sign our bill. Now the Republican plan relies instead on maintaining a Republican filibuster in the Senate, in perpetuity, to prevent a vote on a bill to open the government. They have maneuvered themselves into the least tenable position to defend a plan that never stood a chance of succeeding in the first place.

 

By: Jonathan Chait, New York Magazine, September 20, 2013

September 21, 2013 Posted by | Affordable Care Act, Government Shut Down | , , , , , , , | Leave a comment

“Richard Nixon Runs The Republican Party, Again”: A Contempt For The Regular Norms And Institutions Of Politics

The current Republican Party isn’t the party of Barry Goldwater and Ronald Reagan. It isn’t a conservative party. It’s the party, instead, of Nixon and Gingrich. And that’s why it’s a dysfunctional mess, and a problem for the nation.

I said something to that effect the other day, and a commenter got all upset about it:

The party of Nixon? The guy who created and implemented the EPA? The guy who normalized the US international relationship with China? The guy who intervened in escalating fuel markets to fix prices, in order to protect consumers?

They are so far away from Nixon’s policies and governance.

I’ve seen this reaction before, and because it’s such an important point it’s worth spelling it out. It’s not about ideology. It’s not about specific policies. A healthy party, one that is able to cut deals and work with others, can be healthy even if their policies are far from the mainstream.

We can get at this a couple of ways. One is that everyone should be very careful about what “Nixon” did, as opposed to what the government did while he was president. Give Nixon the Congress and the policy environment of 1947 — or 1997 — and you get very different results.

But I suppose more to the point is that there’s just no way to read the contemporary Republican Party as some sort of principled ideological party. It just isn’t.

Think, on the one hand, how easily they took to George W. Bush’s support of an intrusive federal government program on education, or to Bush’s support of a major Medicare expansion.

Or think about their convoluted path on healthcare reform over the last 20 years – how an outline originally concocted by Republicans as a reaction to Bill Clinton’s initiative, and eventually implemented in one state by a Republican governor and a Democratic legislature, became (once adopted by Democrats) the essence of tyranny.

And don’t even get started on Republicans and the federal budget deficit.

That’s not a principled conservative party.

As no one knows better than real hardcore ideologues, the ones who know well that George W. Bush and the Republican Congresses he served with were never “real” conservatives. They’re right about that! Even though most of those saying that now are wannabes who never dissented during those years.

Unlike those ideologues, I’m not complaining about pragmatism; I think ideological parties are a terrible idea in a democracy. But while they aren’t the ideal conservative party that some want, they’re certainly not a healthy (conservative) pragmatic party, either.

That’s where Nixon and Newt come in.

Both of these very successful (pre-disgrace, anyway) Republicans became national figures as conservatives. Neither, however, was a principled conservative. Nixon was covered above; Gingrich was a Rockefeller Republican when he first ran for Congress, and both of them shifted back and forth as they saw opportunities to exploit.

But that kind of opportunism isn’t what make Newt and Nixon stand out. No, what they have bequeathed to Republicans is a contempt for the regular norms and institutions of the American political system, along with a Leninist belief that contradictions must always be heightened. Nixon broke laws, to be sure, but other presidents have broken laws. What made Nixon different – what made everyone, including his own party, so eager to be rid of him – was that he refused to accept that others within the system, whether in Congress or the press or the bureaucracy, were as legitimate as the president. What made Gingrich different is his consistent strategy of tearing down institutions (the House, and then the presidency) in order to save them. For both, politics was never about the normal promotion of interests and reconciliation of differences, but instead, very simply, about destroying their opponents.

Because they are the party of Newt and Nixon, the principles that today’s GOP worships aren’t market economics or personal liberty; look instead at a “principle” such as a refusal to compromise.

Or brinkmanship as a principle. The quintessential GOP stance, in a lot of ways, is the current insistence by many in the party that they must shut down the government to prove they are serious about the Affordable Care Act. What makes it such a great example — so much a Newt-inspired example — is that they’ve been flailing around all year trying to figure out what to ask for when they blackmailed the nation over the debt limit and funding the government. And that half or more of the party is insisting on it even as experienced legislators and analysts tell them that it can’t possible work. Because as I said back in the spring, the faction that wants the shutdown isn’t really sure about what it wants to demand; it’s only certain that it wants to take hostages. Extortion for the sake of extortion. As principle.

It’s of a piece with the series of almost-shutdowns we’ve endured (all of them echoing the Gingrich train wreck of 1995-1996). With the debt limit showdown of 2011. With the explosion of the filibuster far beyond previous use in the Senate. With a series of “constitutional hardball” examples over the years. With the choice to attempt to undermine the ACA rather than fix or improve what they could, with the goal – the goal! – of causing as much policy failure as possible.

A party only does those things if its leaders and many of its members have taken as a principle Nixon’s standard operating procedure of treating the rest of the United States government beyond the White House as illegitimate; a party only does those things if it no longer accepts the basic constitutional constraints that most politicians, no matter what their views on public policy, have by and large accepted. And a party only does this if it believes, as Newt Gingrich did, that the best way to gain control of institutions is to first destroy them.

That’s the Republican Party we have. Not every single member of it, of course, but it’s a strong enough influence that it’s what really matters. And while I have no brilliant suggestions for how to do it, I do believe that the most urgent task facing the political system right now is to figure out some way for Republicans to shake off the influence of Newt and Nixon.

 

By: Jonathan Bernstein, Salon, August 10, 2013

August 11, 2013 Posted by | GOP, Politics | , , , , , , , | Leave a comment

“Based On Ambition”: Marco Rubio Decides Whether He Wants To Kill Immigration Reform Or Not

The Senate has just begun the weeks-long process of debating and voting on the immigration reform bill crafted by the “gang of eight.” Harry Reid would like the bill passed on July 4, for the rather obvious symbolism. Supporters are still confident that the bill will pass the Senate.

The best thing the bill has going for it is that Mitch McConnell is going to actually allow it to come to the floor. (Minority Leader McConnell has veto power over most Senate business, because many senators have convinced themselves that the founders wanted him to.) The “gang” has four Republican members, meaning only a few more are needed in order to reach 60 votes and beat a potential filibuster. Kelly Ayotte is one Republican who’s publicly announced her support for the bill.

That assumes, obviously, that all Democrats and all the Republican members of the “gang” vote for their own bill, which might not happen. In fact “gang” member Marco Rubio has threatened to vote against the bill unless it includes “tougher” border security. And amending the bill so that Democrats no longer want to vote for it is one of the Senate anti-reform bloc’s strategies for defeating the bill. Rubio has begun signalling that he supports such an amendment, by Senator John Cornyn, that would increase surveillance and enforcement at the border. More importantly, it would prevent the “trigger” point at which immigrants can apply for green cards, and then citizenship, from happening until a series of incredibly unreasonable security standards are met, including “90 percent of illegal border crossers” apprehended and “100 percent border surveillance, or situational awareness, of each one-mile segment of the Southern border.”

(In Bush’s second term, Cornyn made similar proposals, and then decided not to support reform after all, surprise surprise.)

Meanwhile, Ted Cruz, a right-wing populist Senate newcomer who may want to be president, just like Senator Rubio, has, unlike Rubio, won himself a great deal of conservative affection by declaring himself immigration reform’s greatest enemy in the Senate. In explaining his opposition to Yahoo, Cruz sums up the right-wing argument: If immigration reform fails, Democrats will be to blame, because they insisted that immigration reform actually do something about immigrants:

“The biggest obstacle to passing common sense immigration reform is President Barack Obama,” Cruz tells The Fine Print, going on to say that the White House’s “insistence” on including a path to citizenship is standing in the way of the bill’s ultimate passage.

Cruz has not “ruled out” a filibuster, which means he will filibuster. But then everyone already assumed the bill would require 60 votes to pass.

This is Rubio’s problem: It’s hard to see the GOP changing so much by 2016 that having been essential in passing immigration reform won’t be seen by many conservative activists as a massive liability. Rubio had a “pass” from conservative media figures like Rush Limbaugh to work on this stuff before, because everyone sort of “agreed” immigration reform was necessary. The further we get from November 2012, though, the less urgent it seems, and the nativist factions are reasserting themselves. Mark Krikorian in the National Review and Mickey Kaus at the Daily Caller are trashing Rubio almost every day. This Powerline post is a good example of the sort of press he’s increasingly getting. Rubio is now supporting amendments demanding incredibly strict border enforcement before the “path to citizenship” can begin. This is what conservatives want. The Powerline guy’s headline is “MARCO RUBIO’S LATEST FIG LEAF.” The problem, you see, is that Rubio’s proposed security amendments will rely on the government to enforce them, and you can’t trust the government. There’s not really any pleasing these guys, except, of course, with a bill that provides no path to citizenship at all — which is the Cruz approach.

The calculation now, for Rubio, is a bit complicated. If it looks like something close to the Senate bill can pass the House with Republican support, Rubio is no longer the sole conservative responsible for it happening. He escapes blame. If the Senate bill passes with Rubio’s support and then Boehner decides to get the bill through the House with Democratic votes, Rubio will be branded a traitor to the conservative cause for the rest of eternity. If it passes the Senate and dies in the House, Rubio stuck his neck out for nothing.

When Rubio met behind closed doors with some of the most conservative members of the House, he was less trying to sell the bill than he was getting a feel for the room. As the National Review’s Jonathan Strong says:

Opponents and advocates estimate that 10 to 20 Republican senators are on the fence. Politics, as much as policy, is driving their final calculus. What they need isn’t always some specific change but rather, as one top Republican described it, a “secret sauce” of political cover.

Rubio’s argument is that he’s working to make the bill conservative enough to pass. But aligning himself with people like Cornyn, whose goal is to make the bill totally unpalatable to Democrats, suggests that he’d be fine with simply making the bill unpassable. And right now prospects in the House look grim. Last week, Republicans passed a bill designed to force the administration to deport “Dream” immigrants — people who’ve done well in school or in the armed forces since arriving here as children. Former House “gang” affiliate Raul Labrador quit the group. House Judiciary Committee Chairman Bob Goodlatte, whose committee will have to approve the bill before it reaches the House floor, doesn’t want a comprehensive bill. He wants a series of smaller, stand-alone bills that will allow Republicans to vote for more border security without also voting for “amnesty.” Few Republican members of the House have any personal political incentive to moderate on immigration: Most of their seats are safe.

And in 2014, and 2016, conservative voters won’t be thinking of the long-term demographic health of the Republican party. They’ll just be asking whether Republicans worked with or against this reviled administration. Rubio knows this. His decision to become a key player on immigration was based on his ambition, not any particular principled concern for the undocumented. His ambition will continue to determine his course of action.

 

By: Alex Pareene, Salon, June 10, 2013

June 11, 2013 Posted by | Immigration Reform | , , , , , , , | 1 Comment

“No Pleasing Some People”: Republicans Mad That The President They Despise, Obstruct, And Lie About Doesn’t Call More Often

Iowa senator Chuck Grassley is something of an odd character. As I’ve said before, he used to be considered a reasonable moderate, but in the last couple of years he has basically turned himself into a Tea Party wingnut, combining the ideological extremism, face palm-inducing stupidity, and general craziness that makes that political movement so charming (although I was recently informed that even a couple of decades ago, before Grassley began publicly yelling at clouds, people in the Senate privately considered him kind of a nut).

Today, The Hill reports that Grassley, who has spent the last five years floating conspiracy theories, impugning Barack Obama’s motives, and telling truly vicious lies about his policies, is upset that Obama doesn’t call him more often. Seriously.

In 2009, Obama basically had Grassley on speed dial, calling him frequently during negotiations over an overhaul of the nation’s healthcare system. Grassley at the time was one of three Republicans on the Group of Six, which also included Sen. Mike Enzi (Wyo.) and former Sen. Olympia Snowe (Maine).

“During that period of time, the president would call me on my cellphone and talk to me. I don’t know if it was a half a dozen times or a dozen times, but enough so you remember he called you,” Grassley said.

The relationship unraveled after a meeting at the White House in August 2009.

“We had a meeting down at the White House about Aug. 5, 2009 — the six of us — and he asked me this question: ‘Would you be willing to be one or two or three Republicans voting with the Democrats to get a bipartisan bill?’ and I said, ‘No,’ ” Grassley recalled.

“I never had a phone call from him since,” Grassley added.

So Grassley told Obama flat out that he would never vote for a health care bill, no matter what—and Obama stopped bothering to win his support. Amazing! But that’s not even the whole story. At the same time, Grassley was out telling constituents that the Affordable Care Act contained death panels that would “pull the plug on Grandma.” And for some reason, the president no longer found it worthwhile to massage Grassley’s ego.

And it isn’t just Grassley. Other Republicans are upset that Obama has abandoned his “charm offensive” meant at finding bipartisan compromise on things over which Republicans have made clear they will never compromise. Republicans are appalled, appalled I tell you, that Obama is going out and making speeches arguing for the policy changes he’d like to see. “I preferred it when he sat down for dinner with Republicans,” huffs Sen. Lamar Alexander, who presumably is now eating alone, gazing at an 8×10 photo of him and Barack Obama in happier days, their arms around each other’s shoulders as they share a tender moment, just before Alexander joins every other Republican to filibuster every bill the president supports.

You might be able to argue that Republican behavior over Obama’s tenure has been defensible. They dislike him intensely, but more importantly they disagree with his policy priorities, so they very consciously adopted a strategy of total and unwavering opposition to everything he wants to do, not only because they object to the particular goals but because they calculated that by obstructing and hobbling him they could make future political victories more likely. Fair enough. But you can’t choose that path, and then complain that the president isn’t working hard enough to win you over, when you’ve already made it quite clear you won’t be won over. It’s as though a salesman came to your door and asked if you might be interested in buying aluminum siding, and you immediately began screaming in his face that he’s trying to destroy your home and you’d never buy his siding in a million years, and then started swinging a baseball bat at him, and when he retreated, you turned to your spouse and said, “That guy didn’t even try to win me over—what a jerk!”

By: Paul Waldman, Contributing Editor, The American Prospect, June 6, 2013

June 7, 2013 Posted by | Politics | , , , , , , , , | Leave a comment

“A Fight Worth Having”: A Strategy On Judicial Nominees Takes Shape

For nearly five years, the United States Court of Appeals for the District of Columbia Circuit — aka, the D.C. Circuit — has had seven sitting judges hearing cases, four from judges appointed by Republican presidents and three from Democratic presidents. Last week, President Obama finally saw one of his nominees confirmed to this bench, bringing some parity to the appeals court.

There are, however, three remaining vacancies, which Senate Republicans would love to keep vacant indefinitely. What does the White House plan to do about it? A plan has apparently come together.

President Obama will soon accelerate his efforts to put a lasting imprint on the country’s judiciary by simultaneously nominating three judges to an important federal court, a move that is certain to unleash fierce Republican opposition and could rekindle a broader partisan struggle over Senate rules. […]

White House officials declined to say who Mr. Obama’s choices will be ahead of an announcement that could come this week, but leading contenders for the spots appear to include Cornelia T. L. Pillard, a law professor at the Georgetown University Law Center; David C. Frederick, who often represents consumers and investors at the Supreme Court; and Patricia Ann Millett, a veteran appeals lawyer in Washington. All three are experienced lawyers who would be unlikely to generate controversy individually.

For those hoping for a more progressive federal judiciary, there’s a lot to like in this plan. Indeed, it’s arguably overdue.

It’s a pretty straightforward exercise — Obama has to nominate jurists to fill these vacancies, and he’s apparently focused on three excellent, mainstream choices, who would ordinarily garner broad support. From the White House’s perspective, if Senate Republicans act responsibly, great — the nominees will be confirmed, the D.C. Circuit will be at full strength, and the bench will be less conservative.

If Senate Republicans act irresponsibly and block these nominees out of partisan spite, Democrats will have even more incentive to pursue the “nuclear option” and end this style of obstructionism altogether.

And just to reiterate a relevant detail, filling judicial vacancies is important everywhere, but the D.C. Circuit is of particular significance — not only is it often a proving ground for future Supreme Court justices, but the D.C. Circuit regularly hears regulatory challenges to the Obama administration’s agenda. Indeed, as the NYT report noted, this bench “has overturned major parts of the president’s agenda in the last four years, on regulations covering Wall Street, the environment, tobacco, labor unions and workers’ rights.”

With this in mind, it’s a fight worth watching.

 

By: Steve Benen, The Maddow Blog, May 28, 2013

May 29, 2013 Posted by | Federal Courts | , , , , , , , | Leave a comment