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“Caught Between Arithmetic And Ideology”: Can Republicans Afford To Buck The Tea Party?

Since the Tea Party emerged following President Barack Obama’s victory in 2008, Republican governors have frequently been the faces of some of the most extreme policies in recent political memory. Even before her infamous “finger point” at the president, Arizona’s Jan Brewer was signing and defending her state’s racial-profiling bill, SB 1070. In Ohio, John Kasich championed a law—later repealed by voters—to strip public employees of bargaining rights. In Florida, Rick Scott has pushed a plethora of hard-right policies, from drug screening of welfare recipients and government employees to reductions in early voting. Michigan’s Rick Snyder, who has a moderate streak, went to the extreme last December when he approved “right to work” legislation in a state built largely by union labor.

Yet Brewer, Kasich, Snyder, and Scott are among the nine GOP governors who have staked considerable political capital on Medicaid expansion, a key piece of the Affordable Care Act. They haven’t been quiet about it, either. Brewer made good on a threat to veto every piece of legislation that came before her until lawmakers sent her a bill to expand Medicaid. Snyder rankled his party when he told recalcitrant Republican state senators to “take a vote, not a vacation.” Scott was among the first Republicans to announce his support for expansion. Kasich, struggling to win support from his party’s lawmakers, has vowed to find a way to expand Medicaid even if they won’t.

All this, while in Congress, the Tea Party Republicans have worked tirelessly to shut down the government rather than see the Affordable Care Act continue, marking it as the emblem of Obama’s big-government liberalism.

By championing Medicaid expansion, these governors are defying the Tea Party, which was instrumental in their elections. Such defiance has been exceedingly rare from Republican officeholders on any level since the Tea Party revolution of 2010. That election transformed state legislatures and governors’ mansions—in many cases overnight—into ideological strongholds. Increasingly, the policy priorities of national right-wing groups like ALEC and Americans United for Life began to take precedence over state-specific agendas, and bipartisanship disappeared from state capitols almost as thoroughly as it has Congress. “The broader pathologies of our politics have clearly moved to the state level,” says Norman Ornstein, resident scholar at the American Enterprise Institute and co-author with Thomas Mann of It’s Even Worse Than It Looks, which made the case that Republican extremism and hyper-partisanship has crippled Congress.

But Kasich, Snyder, and Scott govern states that Obama has won twice. They have all struggled with low approval ratings and polarized the electorate with their far-right policies. They all face tough battles for re-election in 2014. By backing Medicaid, they were guaranteed to inspire Tea Party wrath. By opposing it, they would deny health coverage to huge numbers of low-income residents, shut the door on billions in federal funding, and risk further alienating voters.

“Republican governors are caught in a tug-of-war between arithmetic and ideology,” says William Galston, a senior fellow at the Brookings Institution. “For some of them, ideology wins, and for others, who are looking to their self-interest and the interests of their state at least in the short to medium term, they have done a very simple calculation and that is that the Medicaid expansion is a good deal for their states.”

There’s little denying that Medicaid expansion to cover many more adults, is a good deal for every state. For the first three years, the federal government will pick up 100 percent of the cost for new recipients. After that, states will never pay more than 10 percent of the costs of expanded coverage; the rest of the bill goes to Washington. In Ohio alone, more than 500,000 people would gain access to coverage. With more people covered, of course, the costs to states of uncompensated care will drop. In June, a report from the Rand Corporation found that the first 14 states that opted out of expanding Medicaid will have 3.6 million more uninsured residents, lose $8.4 billion a year in federal payments, and pay an additional $1 billion in uncompensated care in 2016.

The arithmetic hasn’t been enough to convince most Republican governors to back Medicaid. Sixteen of the 30 oppose expansion, including the chief executive of another state Obama won twice, Wisconsin’s Scott Walker. Three other GOP governors had yet to venture a position.

Then there’s Pennsylvania’s Tom Corbett, a governor emblematic of the dilemma facing unpopular Republicans in swing states. Obama won Pennsylvania by 11 points in 2008 and by 5 points in 2012. But Corbett, who won in the 2010 wave, has stuck to the Tea Party agenda on everything from voter ID to welfare cuts. He was quick to announce that his state would reject federal funds for Medicaid expansion.

Under enormous pressure, however, he changed his mind, and last week announced he would support Medicaid expansion if the federal government agreed to a slew of concessions. Unlike Walker, a strong favorite in 2014 thanks to weak and divided opposition following a failed recall attempt, Corbett is among the most vulnerable incumbents in the country. Corbett is now trying desperately find some political path to moderation—though it’s likely to be too little too late and it stands in contrast to those like Snyder and Kasich, who actually took the lead on the issue.

That a minority of Republican governors has backed Medicaid expansion does not add up to a major shift in the political dynamic. But it could be significant, depending on the outcome of the 2014 elections. If a governor like Scott or Kasich can manage to win re-election even after infuriating his right-wing base on a key issue, it will send a couple of important messages to other Republicans, at least those in purple states: Yes, the Tea Party can be bucked. And no, making policy based on the needs of your state does not amount to certain political death. It might even save you from it.

 

By: Abby Rapoport, The American Prospect, September 23, 2013

September 25, 2013 Posted by | Affordable Care Act, Republicans | , , , , , , , | Leave a comment

“Women’s Health Is In Danger”: A Fiercely Anti-Choice Ohio GOP Redefines “Pregnancy” To Mean “Not-Pregnancy”

Last night, Ohio Governor John Kasich took a little time from his weekend to sign a new $65 billion budget for the state. There are many moving parts to the law, including a $2.5 billion tax cut which—like most Republican tax cuts—is meant to help the rich at the expense of everyone else. But of those parts, the most relevant for discussion—given last week’s fiasco in the Texas Senate—are the new restrictions on all reproductive services.

In addition to slashing tax burdens on the wealthiest Ohioans, the budget measure signed yesterday would allocate federal funds away from Planned Parenthood—which uses them to provide contraception and other health services, not abortion—to crisis pregnancy centers, which claim to offer support, counseling and a full range of options for women who think they may be pregnant. In reality, they are overtly anti-abortion. “[A]ccording to personal accounts compiled by the National Abortion and Reproductive Rights Action League (NARAL),” notes the Guttmacher Institute, “once women are inside the office, counselors subject them to antiabortion propaganda, characterizing abortion as painful and life threatening, with long-lasting physical and psychological consequences.” While the psychological impact of abortion varies from woman to woman, in terms of medical safety, abortion ranks on the low end of risky procedures. CPC’s also discourage use of contraceptives like the morning-after pill, which are presented as abortion equivalents.

The Ohio law also requires doctors to give a verbal description of the ultrasound, including a fetal heartbeat if available. It compels abortion providers to tell patients that a fetus can feel pain and that a woman who has an abortion can increase her risk for breast cancer. This claim, touted frequently by anti-abortion activists, has little basis in fact. “The scientific evidence,” notes the American Cancer Society, “does not support the notion that abortion of any kind raises the risk of breast cancer or any other type of cancer.”

The law also redefines “pregnancy” and “fetus” in ways that could affect the availability of certain forms of birth control. Ohio Republicans have defined as “human offspring developing during pregnancy from the moment of conception and includes the embryonic stage of development,” and declared pregnancy as beginning with “fertilization.” Biological science, by contrast, defines pregnancy as beginning with the implantation of a fertilized egg in the uterine lining. Why? Because a fertilized egg isn’t guaranteed to become an embryo; it can fail to implant and be expelled by the body.

There are also explicit restrictions to abortion access, as well as new requirements for doctors who perform them. Abortion providers are banned from having transfer agreements with public hospitals. Given that clinics are required to have transfer agreements, this could cause the closure of some clinics, and otherwise hamper access to reproductive health services. What’s more, the waiting period for abortions is extended from 24 hours to 48 hours, and the law would also eliminate “medical necessity” as a reason to waive the waiting period, replacing it with a waiver for “medical emergency.”

The difference, as the Cleveland Plain Dealer notes, is that the former is defined “as a medical condition that complicates the pregnancy so that it warrants an immediate abortion,” while the latter is “a condition that would result in the woman’s death without an abortion.” In practical terms, a necessity is a state of urgency where you may need an abortion in the future, whereas an emergency is where you need one now. It doesn’t seem like a big change, but it could have major implications, especially when coupled with the new penalties for violating these restrictions.

A doctor who does could be charged with a first-degree felony and a fine of up to $1 million—penalties normally reserved for rape, murder, attempted murder, and aggravated robbery (among others). We have no idea how many doctors will hesitate or refuse to perform abortions under serious circumstances, but my guess is that it will be more than a few, with serious consequences for women’s health.

As with the proposed law in Texas, it’s hard to describe these measures as anything other than backdoor attempts at making abortion unavailable in Ohio, through harsh restrictions, new regulations, or the legal intimidation.

Yesterday, on Meet the Press, House Minority Leader Nancy Pelosi said that there was “currently an assault on women’s health” and that “women’s health was in danger.” She’s absolutely right. Since the 2010 midterm elections—when Republicans swept statehouses and governorships across the country—there’s been a concerted push to deny women access to the wide array of reproductive health services.

On one hand, there’s a refreshing clarity about these efforts. Conservative lawmakers have all but dispensed with attempts to sound moderate, arguing that rape exceptions are unnecessary, and pushing for proposals—like defunding Planned Parenthood and limiting sex education—that would increase the rate of unplanned pregnancies (and thus abortions).

Of course, the only reason Republicans have become so open about this is because—on the whole—they are winning this fight.

 

By: Jamelle Bouie, The American Prospect, July 1, 2013

July 2, 2013 Posted by | Reproductive Rights, Women's Health | , , , , , , , | Leave a comment

“The States Are Not An Alternative America”: Republican Control Of Governorships Does Not Indicate A Solid Majority Of “The People”

There are two perpetually silly memes going around the commentariat these days in connection with the very limited but loudly expressed self-examination of the Republican Party, both involving the GOP’s relatively strong standing at the state level.

The first, which I’ve attacked before (here, here and here), and will keep attacking as long as it rears its ugly head, is that there is this essentially moderate (or at least “pragmatic”) brand of Republican pol operating at the state level who “gets it” and is free of the ideological manias of Washington-style GOPers. Give them the leadership of the party, it is often said, and “reform” will take care of itself.

When you start looking for these “pragmatists,” however, they seem to be in short supply. You can apply the label to Chris Christie and Bob McDonnell, I suppose, but these gents are not about to be handed the leadership of the national party, having just been excluded from the national party’s most important 2013 event, CPAC. Looking deeper in the gubernatorial ranks, though: Does Paul LePage “get it?” Is Rick Scott a “reformer?” Are Rick Perry or Bobby Jindal or Nikki Haley or Phil Bryant or Mary Fallon or Scott Walker or Jan Brewer “non-ideologues?” Is John Kasich really “reaching out” to non-GOP constituencies? Is Rick Snyder exhibiting freedom from conservative litmus tests? No, no, no, no and no.

A closely associated meme, which CNN’s Roland Martin articulates in a well-meaning but misguided column, is that Republicans by focusing on state politics are actually running the country as the two parties wrangle in Washington. So:

[M]any Republicans have told me they couldn’t care less about Washington, because legislation with real impact is being proposed and passed in the states. That’s why you’ve seen groups quietly backing initiatives on the state level and bypassing the hot lights and screaming media in Washington….

Think about it: Obama won Ohio, Florida, Michigan, Pennsylvania, New Mexico and Nevada, all states with GOP governors. So clearly voters in those states chose the Republican alternative in statewide elections, but when it came to the presidency, said “No thanks.”

I’m not buying for a second this silly notion that the GOP will have a Damascus Road experience and drastically change. It’s not going to happen. There will be some movement on the national level, but Republican grass-roots organizers are very well aware that the message the GOP is selling statewide is a winning formula.

Sorry, Roland. Republicans are touting their success at the state level not because they don’t care what happens in Washington, but because they didn’t win the presidency or the Senate in 2012 so what else are they going to tout? Their control of 30 of 50 governorships does not indicate a solid majority of “the people” in the alternative America represented by the states, but just a majority of state governments according to measurements whereby Alaska and North Dakota count the same as New York and California. And most important of all, their victories in 2010 and defeats in 2012 did not represent some self-conscious “split decision” whereby voters preferred Republican leadership at one level and Democratic leadership at another, but different election cycles that featured different electorates. So even if Democrats decide, as Martin wants them to do, to “focus” on state elections as Republicans allegedly have, 2014 will be tough for them because of the landscape and the shape of the midterm electorate, just as Republicans, no matter where they are “focused,” will face a stiff wind in 2016.

Sorry to keep harping on these issues, but Lord-a-mighty, these are fairly simple empirical matters that an awful lot of well-compensated and highly visible writers and talkers just can’t seem to get straight, or don’t want to because it interferes with a desired grinding of axes.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, March 19, 2013

March 20, 2013 Posted by | Governors, States | , , , , , , , | Leave a comment

“The GOP Crusade Against The UnInsured”: Republicans Are Doing Everything They Can To Sabotage Obamacare

When House Speaker John Boehner declared Obamacare the “law of the land” two days after his party took a drubbing in the election, the real reveal came in what happened next: he walked it back in record speed and re-affirmed his commitment to getting rid of it.

Having failed to repeal the Affordable Care Act at the national level, Republicans are now dedicating their efforts to botching its implementation at the state level. And having failed to invalidate the law at the Supreme Court, they’re now seeking alternate legal avenues to weaken its regulations.

Republican governors are turning down the law’s Medicaid expansion, a move made easier by the Supreme Court decision that made the expansion optional. Among them are Bobby Jindal of Louisiana, Phil Bryant of Mississippi and Nikki Haley of South Carolina. Given that the federal government pays the vast majority of the cost in the medium term, these states are, in effect, rejecting an extraordinarily generous financial incentive to insure their residents.

Implementing the expansion in full would insure about 17 million people. “If [many states] don’t accept the Medicaid expansion you’re going to have millions of low income Americans who will remain uninsured and without access to health care,” said Tim Jost, a health care expert at Washington and Lee University who supports the Affordable Care Act.

Some dozen Republican governors are refusing — and about a dozen more are considering refusing — to build state-based insurance exchanges, the law’s primary vehicle for expanding and improving coverage. These governors, which include John Kasich of Ohio, Rick Perry of Texas, Nathan Deal of Georgia and Mary Fallin of Oklahoma, are consequently empowering the federal government to build one for them.

The law does not set aside funds for the federal government to construct or operate exchanges, creating implementation headaches for the Obama administration. But it can be self-sustained through user fees, and Jost argues that state residents with governors who are uncommitted would be better served by a federal exchange that wants to cover them.

Conservative thinkers are also resurrecting their argument, championed by top Republicans, that federally-administered exchanges lack the legal authority to provide tax subsidies, which are critical to making them work. Although the language of the law is vague on this question, the IRS has said federal exchanges are permitted to provide the premium subsidies.

“I don’t believe they’re going to win on that one,” Jost said. “If they did win that would do serious damage to what Congress intended, which is to have a federal fallback exchange.”

Utah Gov. Gary Herbert (R) is flirting with continuing his state’s existing insurance exchange even though it does not comply with rules in the Affordable Care Act.

Meanwhile, conservative advocates are advancing a separate legal challenge to the law’s requirement that insurance plans cover contraception for women as part of a copay-free preventive services package. Cheered on by congressional Republicans, Catholic institutions such as the Archdiocese of Washington and University of Notre Dame are moving forward with lawsuits that could end up in the Supreme Court.

All in all, Republicans and conservatives are telegraphing that they’re not chastened by years of failed efforts to wipe away Obamacare. The crusade shows no signs of ending, and could still do serious damage to the law.

 

By: Sahil Kapur, Talking Points Memo, November 21, 2012

November 26, 2012 Posted by | Affordable Care Act | , , , , , , , , | 1 Comment

“Democracy Is Still Alive”: Ohio GOP Loses Another Round In Early-Voting Fight

When we last checked in with Ohio Secretary of State Jon Husted (R), he was still trying to limit early-voting opportunities in advance, taking his case to the 6th Circuit Court of Appeals.

Today, he lost there, too.

The 6th U.S. Circuit Court of Appeals ruled on Friday that Ohio must make early voting during the three days before the election available to all voters if it’s available to military members and voters who live overseas. The ruling upheld a lower court’s decision.

“The State’s asserted goal of accommodating the unique situation of members of the military, who may be called away at a moment’s notice in service to the nation, is certainly a worthy and commendable goal,” the court ruled. “However, while there is a compelling reason to provide more opportunities for military voters to cast their ballots, there is no corresponding satisfactory reason to prevent non-military voters from casting their ballots as well.”

The full ruling is online here.

To briefly recap for those who haven’t been following this story, Ohio had previously allowed voters an early-voting window of three days before Election Day, which in turn boosted turnout and alleviated long lines in 2008. This year, Republican officials wanted to close the window — active-duty servicemen and women could vote early, but no one else, not even veterans, could enjoy the same right.

One prominent Republican official recently conceded he opposes weekend voting because it would “accommodate the urban — read African American — voter-turnout machine.”

President Obama’s campaign team filed suit, asking for a level playing field, giving every eligible Ohio voter — active-duty troops, veterans, and civilians — equal access. Ohio Republicans kept pushing back, but as of today, they’ve lost.

There is, however, a catch.

For one thing, Husted and the Kasich administration may well appeal to the full 6th Circuit — which isn’t exactly the 9th Circuit when it comes to being reliably progressive — and hope for an en banc reversal. There isn’t much time remaining, but it’s something to look out for.

For another, the federal appeals court panel doesn’t require early-voting opportunities, and leaves the matter up to individual county elections boards to decide how to proceed.

As Rick Hasen explained, that may cause new problems.

[T]he court’s remedy creates a potential new equal protection problem for the state, by allowing different counties to adopt different uniform standards — though the Secretary of State could well impose uniformity.

Hasen’s take on this is a little wonky, and too long to excerpt here, but it’s worth checking out for a fuller understanding of today’s outcome.

That said, to make a long story short, today is a win for voting-rights advocates and the Obama administration, and a defeat for Ohio Republicans. It is not, however, the end of the fight, and GOP officials have some available options.

 

By: Steve Benen, The Maddow blog, October 5, 2012

October 7, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment