“Overrated, Useless Fools”: Why This Congress Will Never Achieve Anything Significant
As I wrote last month and also several other times over the past five or so years, “comprehensive immigration reform” — defined as a bill making it possible for currently undocumented residents to earn legal status and/or citizenship — can’t happen now because Republicans control the House of Representatives, conservatives control the Republican Party, and conservatives oppose granting legal status to undocumented immigrants. It’s a very simple calculation, and most discussions of the political status of immigration reform could start and end with some variation on that explanation.
But people need something to talk about, and politicians need reasons to go on Sunday shows. Elected officials need to “signal” to important donors and interest groups that they are doing everything in their power to enact the preferred policies of those important donors and interest groups. There is really more incentive for Republicans to talk about immigration reform than to actually pass it. Obviously lots of Republicans do sincerely want immigration reform to pass. But those Republicans don’t have a majority in the House, and until that changes, immigration reform will be practically politically impossible.
Last month, Speaker of the House John Boehner said he was confident that immigration reform could pass this year. That confidence lasted a few weeks. By the end of last week, the GOP had settled on an adequate excuse for declining to pursue their recently announced immigration “list of principles”: They can’t do anything at all because they don’t trust President Obama.
Which, fine. It’s a pretty lame excuse, but Speaker Boehner was not going to say, “I don’t have the clout or the power to unilaterally force a plurality of xenophobes and cowards ensconced in safe white districts to support a major Democratic policy priority.” Republicans were going to blame Democrats no matter what.
The flaw in their excuse, obviously, is that it leaves the GOP open to the line Sen. Chuck Schumer used on Sunday: If Obama is the problem, then Congress can pass a reform bill that won’t go into effect until 2017, when there will be a new president.
“It’s been a tough week for immigration,” he said. “But all three, many of the Republicans have said the following — Mitch McConnell, John Boehner, Paul Ryan, even Jim DeMint — they have said that they want to do immigration reform, but they don’t trust the President to enforce the law, particularly the enforcement parts. So there’s a simple solution.”
Unfortunately, coming up with a clever workaround to the arbitrarily chosen GOP excuse won’t change the fact that the arbitrarily chosen GOP excuse is only being used to distract from intractable political reality. Addressing the made-up problem won’t fix the actual one. Schumer gets points for “calling Boehner’s bluff,” but Boehner will not now be like, “well, fair point, you got me, now I guess we have to pass this bill.”
Still, it was a fun couple of weeks of once again debating whether immigration reform would pass soon! Perhaps members of Congress play this elaborate game — hyping major legislation, walking it back, calling out one another’s “bluffs” — mainly to keep the political class occupied.
It has become incredibly difficult even to pass the recurring omnibus bills — like the farm bill, which took a few years to make it through the House, and the transportation bill, which will likely cause Congress to melt down in acrimony and dysfunction once again later this fall — that Congress uses to keep the government funded and operating. The idea that new initiatives and major reforms might be possible with this Congress is just fantasy. Comprehensive tax reform? Immigration reform? “Entitlement reform”? Various politicians will claim, over the next few months, that all of those things and more could happen before the next Congress is sworn in. They will be wrong, but the political press, in need of something to talk about, will take the idea seriously for a while anyway.
By: Alex Pareene, Salon, February 10, 2014
“The GOP’s Immigration Conundrum”: A Perils-Of-Pauline Soap Opera
House Republicans’ latest revolt against immigration reform spells potential trouble for the party’s 2016 presidential candidates. The last thing the GOP needs in 2016 is another primary season marked by debate and dissension over the fraught issue.
The party’s handling of immigration-reform legislation since President Obama won reelection with 71 percent of the Hispanic vote reprises a decades-long pattern that has weakened the GOP in the competition for Hispanic votes. On the one hand, there is a recognition that the party needs to do more to attract Hispanic votes. On the other, there are repeated actions, both individual and collective, that send the opposite signal.
That is what has happened over the past few weeks. At one point, House leaders, led by Speaker John A. Boehner (R-Ohio), issued a list of principles for reform legislation that included a path to legal status but not to citizenship. That suggested a collective determination to pass something this year. Then, after a backlash from the outside groups that have long been Boehner’s nemeses, the speaker did an abrupt about-face, saying that a lack of trust that Obama would enforce the law made passage this year a heavy lift.
Perhaps the speaker is playing an exceedingly clever game to keep everyone guessing, a perils-of-Pauline soap opera in which he has already sketched out the scenario that ends with the passage of some notable piece of legislation this year. After all, he’s given every indication that immigration reform is something he wants to do, something he believes is good for the country and good for his party.
More likely, he is reflecting the views of the party’s most conservative members and those outside groups, who in turn reflect the views of many rank-and-file Republicans. Comprehensive reform, including a path to citizenship, enjoys majority support nationally. But conservative Republicans continue to oppose a bill that includes any path to citizenship.
Some Republicans are suggesting that they should not clutter up the midterm elections with an issue that divides their party and instead try to energize their voters by focusing on the issue that most unites Republicans, Obama’s Affordable Care Act. Many House Republicans hate the bipartisan bill that was passed by the Senate last year. If the GOP could win control of that chamber, it might be able to write legislation more to its liking and force the president to accept it.
There is no question that the politics of this are difficult for Boehner. Could he wait to push forward this year until it would be too late for conservative challengers to mount primary campaigns against incumbent House Republicans? Will there be a better opportunity next year? Will Republicans trust Obama more next year? What is the maximum Boehner can get now as opposed to then? Would support for legal status, rather than a path to citizenship, be enough to position Republicans better to start courting Hispanics on other issues?
But another question that Republicans should be asking is: What are the consequences of inaction? Can they afford another presidential nomination contest in which immigration reform plays a central role, as it did in 2012? There is debate inside the party over how much immigration hurt Mitt Romney in the general election. But no one is arguing that it helped him, and few would say a fresh debate in 2016 would be a net plus for their nominee, unless that nominee had run forcefully in favor of comprehensive reform.
A year ago, it looked as if most of the likely GOP presidential candidates in 2016 would be advocates of comprehensive reform. The task force created by Republican National Committee Chairman Reince Priebus — a group that was weighted toward the establishment wing of the party — recommended support for such a measure. Sen. Marco Rubio (R-Fla.) took a lead role in helping produce a bipartisan Senate bill. Others who are considering running in 2016 made statements indicating at least some level of support for comprehensive legislation.
Today, that support is far more muted, if it exists at all. The conservative intelligentsia is split on what to do. The base is clearly opposed to comprehensive reform. Given the prospective field of candidates for 2016, it’s likely that those running will include outright opponents of a path to citizenship. Whoever becomes the nominee will risk having been pushed further to the right than is politically safe for a general election.
Romney said after the 2012 election that he had recognized the potentially debilitating impact an intraparty debate on immigration could have on the nominating process. He had hoped there was a way for the party to come together on some set of principles to at least prevent the issue from being front-and-center during the primaries, he said, but that didn’t happen. Romney then mishandled immigration during the GOP primaries, as his advisers later admitted (though he had a different, somewhat contrarian view of that).
Romney’s advisers discovered that, whatever problems were caused by the former governor’s talk of self-deportation and the hard line he took on immigration reform, their biggest obstacle to reaching Hispanic voters in the general election was health care. Hispanics strongly supported Obama’s health-care initiative.
That points to another problem. Republicans have long argued that they can appeal to Hispanics on issues other than immigration. So far, they have yet to prove it. Appeals to the patriotism of the Hispanic community have not worked consistently. Appeals to Hispanic small-business owners haven’t done it. Efforts to reach socially conservative Hispanics on issues such as abortion have produced few dividends. The party is still looking for an effective message for Hispanics.
Immigration remains a gateway issue. Passage of immigration reform won’t necessarily win the next presidential nominee significantly more Hispanic votes. But its absence as a divisive issue in the nomination contest would give Republican candidates an opportunity to talk to Hispanic voters about new ideas or issues.
Republicans already face significant problems winning the Rocky Mountain states in a presidential election. Growing Hispanic populations in Nevada and New Mexico have made those two states major challenges for the party. Colorado is still competitive but could become more difficult for the GOP in future elections. Arizona, which has remained in the Republican column, could become a competitive state because of Hispanic population growth.
Perhaps an immigration reform bill will be enacted before the presidential primaries begin in 2016. What Boehner did this week in bowing to pressures from the right was to underscore that Republicans continue to think more like a congressional party than a presidential party. It will be interesting to see whether any of the prospective presidential candidates is ready to challenge that orthodoxy.
By: Dan Baltz, Opinion Writer, The Washington Post, February 8, 2014
“Running Out Of Excuses”: Boehner’s ‘Trust’ Issues On Immigration
The odds of congressional success on immigration reform tend to swing wildly from one day to the next. Reform’s chances are either “likely” or a “long shot” depending on the latest quote, headline, hearing, poll, or rumor.
But this morning, the man who largely has the future of the policy in his hands made it sound as if immigration reform simply will not happen anytime soon.
House Speaker John Boehner said Thursday that House leaders cannot move immigration reform legislation until President Barack Obama restores “trust” among Republicans.
But the GOP leader did not say what rebuilding that trust might entail.
The Speaker told reporters, “There’s widespread doubt about whether this administration can be trusted to enforce our laws. And it’s going to be difficult to move any immigration legislation until that changes.”
Boehner added, “The president’s asking us to move one of the biggest bills of his presidency, and yet he’s shown very little willingness to work with us on the smallest of things.”
As a factual matter, some of this is just odd. Obama has generally shown overwhelming willingness to work with Congress on just about anything, large or small. There’s probably a reason Boehner didn’t mention any examples to bolster his argument.
But the real significance of the Speaker’s comments were their likely bearing on the immigration debate. As Boehner sees it, House Republicans aren’t confident that the Obama administration will enforce federal law, and as such, they don’t want to vote for reform. As the argument goes, even if Congress approves sweeping border-security measures intended to satisfy GOP lawmakers’ demands, Obama may simply blow off laws (or parts of laws) whenever it strikes his fancy.
Indeed, it’s not just Boehner making this argument. House Majority Leader Eric Cantor (R-Va.) and House Budget Committee Chairman Paul Ryan (R-Wis.) pushed the same case on the Sunday shows.
It’s a deeply flawed argument, though the motivation behind it is quite clear.
Note, if the argument sounds familiar, there’s a good reason – the “we can’t pass immigration reform because Obama’s an untrustworthy tyrant” tack first came up last summer. At the time, some congressional Republicans argued that a delay in the implementation of Affordable Care Act provisions was undeniable proof that “we have a president that picks and chooses the laws that he wants to obey and enforce. That makes him a ruler. He’s not a president, he’s a ruler.”
As we discussed at the time, the complaint isn’t persuasive. When it comes to the Affordable Care Act, the administration has some discretion in implementing various provisions. It’s not unusual and it’s not unique to health care. Plenty of parts of the Dodd/Frank financial-regulatory reform law were delayed, too. This has long been the norm, and using it as an excuse not to trust the entire executive branch on literally every issue is kind of silly.
As Brian Beutler wrote in July:
The administration isn’t unlawfully writing the employer mandate out of existence, just like it wouldn’t unlawfully refuse to send thousands of agents to the border if an immigration reform law required them to.
And because immigration reform will be a bipartisan law if it passes, Republicans in Congress will have less incentive to stand in the way if the implementation process reveals real problems with its drafting. Which means the administration won’t be left, as it is with the ACA, facing a suboptimal choice between implementing the law poorly or taking clunky administrative steps to smooth the process out.
So, if “we don’t trust Obama” is such a weak pretense for killing immigration reform, why are congressional Republicans so heavily invested in it? A few reasons, actually.
First, the GOP desperately hopes to convince the American mainstream that the president is an out-of-control, “lawless” radical. It’s not true – Obama’s actually a fairly moderate technocrat – but the manufactured narrative has become a convenient way for Republicans to raise money, rile up the base, and kill popular legislation.
Second, as a policy matter, it’s possible GOP lawmakers hope to use this excuse to tilt the policy playing field in their favor. As Greg Sargent noted on Monday, Republicans may very well insist that increased border security begin well in advance of any other part of immigration reform, insisting that it’s the only way for Obama to prove his “trustworthiness.” In other words, the legislation would give Republicans everything they want, with the understanding that other provisions could come later, once GOP lawmakers are satisfied the president isn’t a big liar.
And finally, let’s not lose sight of the blame game. Congressional Republicans, who have zero major legislative accomplishments since the 2010 midterms, are prepared to kill a popular, bipartisan immigration-reform effort that’s been endorsed by business leaders, labor leaders, economists, immigration advocates, and the faith community. If they refuse to pass legislation, as now appears likely, GOP leaders will need an extraordinary excuse to justify failure on this level.
According to Boehner, Cantor, and Ryan, that excuse effectively boils down to this: “Republicans don’t like Obama.” If they think that’ll work in persuading the public, they may want to consider a back-up plan.
By: Steve Benen, The Maddow Blog, February 6, 2014
“Don’t Even Give Them A Fig Leaf”: Democrats Should Call The GOP’s Debt Ceiling Bluff
“We don’t want ‘nothing’ out of this debt limit,” Rep. Paul Ryan (R-Wis.) said in December.
With a deadline to raise the debt ceiling approaching this Friday (though Treasury Secretary Jacob Lew has said he can manage until the end of February), House Republicans are indeed talking about what they’d like in exchange for upping the nation’s borrowing limit. However, their internal talks aren’t going so well.
The GOP’s two leading ideas for handling the debt ceiling — tying it to a provision mandating the construction of the Keystone XL pipeline, or one tweaking ObamaCare — fell apart Wednesday due to a lack of Republican support. Both would have included a one-year extension of the debt ceiling.
More from The Washington Post’s Robert Costa:
Both ideas were debated at a conference meeting and members expected the conference to coalesce around one of the plans by later this week.
That playbook soon fizzled, however, once GOP leadership aides fanned out throughout the Capitol to take the temperature of members about the plans. Instead of finding growing support, they found unease and complaints, with myriad concerns raised by the House’s right flank. [Washington Post]
Sound familiar?
It should. Republicans folded twice last year on their debt ceiling demands after realizing that threats to plunge the nation into potential financial chaos aren’t too popular with voters.
Just a few months ago, Republicans entered the debt ceiling and government funding talks with a fantastical list of demands. The ask rapidly shrank, though, when Democrats refused to budge. Yet House leadership, fearful of angering the party’s right wing, refused to give in either.
The plan backfired, and Republicans came away with nothing except historically low poll numbers:

For Republicans to think they have any more leverage now is just delusional.
President Obama has insisted that Congress send him a clean debt ceiling bill, meaning one free of any extraneous provisions. Public opinion is on his side. A recent CNN survey found that 54 percent of Americans would blame the GOP if the debt ceiling isn’t raised. Only 29 percent would blame Obama.
Speaker of the House John Boehner (R-Ohio) reportedly has a Plan B in the works that would swap the debt ceiling hike for the restoration of some military benefits. Yet there is no guarantee the plan could overcome the objections on the right, since it would technically raise spending, something anathema to Tea Partiers. And even if it were to somehow get the support of a majority of the GOP caucus, House Democrats reaffirmed Wednesday that they wouldn’t bargain, period.
The whole standoff is reminiscent of Rep. Marlin Stutzman’s (R-Ind.) oblivious remark about the debt ceiling standoff back in October: “We have to get something out of this. And I don’t know what that even is.” Republicans want something, anything, in exchange for a debt ceiling vote, but they can’t even settle on what that something might be.
The bottom line is that since Republicans caved in the past, there’s no reason to believe they won’t cave again. Boehner himself admitted earlier this week that “there’s no sense picking a fight we can’t win.”
The GOP can’t win. Democrats should call that bluff and not even give them a fig leaf.
By: Jon Terbush, The Week, February 6, 2014
“Holding A Blank Ransom Note”: GOP Had A Plan On the Debt Ceiling, But Now Have Absolutely No Idea What To Do Next
Last spring, House Republican efforts to hold the debt ceiling hostage quickly became a fiasco – Democrats refused to play along and Congress passed a clean increase. Last October, House GOP efforts to hold the debt ceiling hostage were arguably even worse – the debacle coincided with a humiliating shutdown, and ended with another clean increase.
Despite this recent history, Republican lawmakers once again said they expected some kind of major policy concession or they would once again push the nation towards a default. Say hello to Debacle #3.
House Republican leaders are at a loss on how to move a debt limit increase.
A GOP leadership aide told CQ Roll Call that after an informal canvas of the House Republican Conference through member meetings and phone calls over the past week, leaders concluded that the top two sweeteners could not attract enough Republican support to pass a debt ceiling hike.
Going into this week, House Republicans had narrowed their scope: they would refuse to pay the nation’s bills unless Democrats gave them either (a) the Keystone XL pipeline and its 50 permanent jobs; or (b) the elimination of risk corridors in the Affordable Care Act, which would add $8 billion to the deficit and risk higher premiums on consumers.
In reality, it was highly unlikely the GOP would get either concession – Democrats don’t see the need to pay a ransom if the hostage takers are bluffing – but Republicans seemed certain they’d seek one concession or the other.
That is, until today, when House GOP leaders suddenly realized that rank-and-file House Republicans aren’t on board with either idea. And since these measures apparently don’t have 218 GOP votes, Republicans would need Democratic support to pull off their own hostage crisis, which isn’t going to happen.
So where does this leave the House of Representatives three weeks before Congress needs to act on the debt limit? Lost and directionless.
A leadership aide told Roll Call, “We are mulling other options and trying to figure out the best way forward on this.”
Or put another way, “We had a plan, but now have absolutely no idea what to do next.”
It’s not too tough to predict how this will play out.
That left Republican leaders with no clear alternative to addressing the debt limit, which the Treasury Department has said needs to be raised by the end of February.
Instead, it now appears that a combination of Republicans and Democrats will be needed to get a debt-limit boost through the House.
And that means a clean debt-ceiling increase, which was the inevitable outcome in the first place.
The lingering question isn’t why GOP leaders are struggling in this fight; it’s why GOP leaders agreed to launch this fight knowing in advance they’d lose.
By: Steve Benen, The Maddow Blog, February 5, 2014