“Beneath Any Reasonable Standards Of Elected Officials”: The Unprecedented And Contemptible Attempts To Sabotage Obamacare
When Mike Lee pledges to try to shut down the government unless President Obama knuckles under and defunds Obamacare entirely, it is not news—it is par for the course for the take-no-prisoners extremist senator from Utah. When the Senate Republicans’ No. 2 and No. 3 leaders, John Cornyn and John Thune, sign on to the blackmail plan, it is news—of the most depressing variety.
I am not the only one who has written about House and Senate Republicans’ monomaniacal focus on sabotaging the implementation of Obamacare—Greg Sargent, Steve Benen, Jon Chait, Jon Bernstein, Ezra Klein, and many others have written powerful pieces. But it is now spinning out of control.
It is important to emphasize that this set of moves is simply unprecedented. The clear comparison is the Medicare prescription drug plan. When it passed Congress in 2003, Democrats had many reasons to be furious. The initial partnership between President Bush and Sen. Edward Kennedy had resulted in an admirably bipartisan bill—it passed the Senate with 74 votes. Republicans then pulled a bait and switch, taking out all of the provisions that Kennedy had put in to bring along Senate Democrats, jamming the resulting bill through the House in a three-hour late-night vote marathon that blatantly violated House rules and included something close to outright bribery on the House floor, and then passing the bill through the Senate with just 54 votes—while along the way excluding the duly elected conferees, Tom Daschle (the Democratic leader!) and Jay Rockefeller, from the conference committee deliberations.
The implementation of that bill was a huge challenge, and had many rocky moments. It required educating millions of seniors, most not computer-literate, about the often complicated choices they had to create or change their prescription coverage. Imagine if Democrats had gone all out to block or disrupt the implementation—using filibusters to deny funding, sending threatening letters to companies or outside interests who mobilized to educate Medicare recipients, putting on major campaigns to convince seniors that this was a plot to deny them Medicare, comparing it to the ill-fated Medicare reform plan that passed in 1989 and, after a revolt by seniors, was repealed the next year.
Almost certainly, Democrats could have tarnished one of George W. Bush’s signature achievements, causing Republicans major heartburn in the 2004 presidential and congressional elections—and in the process hurting millions of Medicare recipients and their families. Instead, Democrats worked with Republicans, and with Mark McClellan, the Bush administration official in charge of implementation, to smooth out the process and make it work—and it has been a smashing success.
Contrast that with Obamacare. For three years, Republicans in the Senate refused to confirm anybody to head the Centers for Medicare and Medicaid Services, the post that McClellan had held in 2003-04—in order to damage the possibility of a smooth rollout of the health reform plan. Guerrilla efforts to cut off funding, dozens of votes to repeal, abusive comments by leaders, attempts to discourage states from participating in Medicaid expansion or crafting exchanges, threatening letters to associations that might publicize the availability of insurance on exchanges, and now a new set of threats—to have a government shutdown, or to refuse to raise the debt ceiling, unless the president agrees to stop all funding for implementation of the plan.
I remember being shocked when some congressional Democrats appeared to be rooting for the surge in troops in Iraq to fail—which would mean more casualties among Americans and Iraqis, but a huge embarrassment for Bush, and vindication of their skepticism. But of course they did not try to sabotage the surge by disrupting funding or interfering in the negotiations in Iraq with competing Shiite, Sunni, and Kurdish power centers. To do so would have been close to treasonous.
What is going on now to sabotage Obamacare is not treasonous—just sharply beneath any reasonable standards of elected officials with the fiduciary responsibility of governing. A good example is the letter Senate Republican Leaders Mitch McConnell and Cornyn sent to the NFL, demanding that it not cooperate with the Obama administration in a public-education campaign to tell their fans about what benefits would be available to them and how the plan would work—a letter that clearly implied deleterious consequences if the league went ahead anyhow. McConnell and Cornyn got their desired result. NFL Commissioner Roger Goodell quickly capitulated. (When I came to Washington in 1969-70, one of my great pleasures was meeting and getting to know Charles Goodell, the courageous Republican senator from New York who took on his own president on Vietnam and was quietly courageous on many other controversial issues. Roger Goodell is his son—although you would not know it from this craven action.)
When a law is enacted, representatives who opposed it have some choices (which are not mutually exclusive). They can try to repeal it, which is perfectly acceptable—unless it becomes an effort at grandstanding so overdone that it detracts from other basic responsibilities of governing. They can try to amend it to make it work better—not just perfectly acceptable but desirable, if the goal is to improve a cumbersome law to work better for the betterment of the society and its people. They can strive to make sure that the law does the most for Americans it is intended to serve, including their own constituents, while doing the least damage to the society and the economy. Or they can step aside and leave the burden of implementation to those who supported the law and got it enacted in the first place.
But to do everything possible to undercut and destroy its implementation—which in this case means finding ways to deny coverage to many who lack any health insurance; to keep millions who might be able to get better and cheaper coverage in the dark about their new options; to create disruption for the health providers who are trying to implement the law, including insurers, hospitals, and physicians; to threaten the even greater disruption via a government shutdown or breach of the debt limit in order to blackmail the president into abandoning the law; and to hope to benefit politically from all the resulting turmoil—is simply unacceptable, even contemptible. One might expect this kind of behavior from a few grenade-throwing firebrands. That the effort is spearheaded by the Republican leaders of the House and Senate—even if Speaker John Boehner is motivated by fear of his caucus, and McConnell and Cornyn by fear of Kentucky and Texas Republican activists—takes one’s breath away.
By: Norm Ornstein, The National Journal, July 24, 2013
“The Turtle Vs The Con Man”: Mitch McConnell Gets A Tea Party Challenger
After years of speculation, Senate Minority Leader Mitch McConnell is finally getting a Republican challenger in his 2014 re-election bid. Louisville businessman Matt Bevin is expected to officially announce his primary challenge to McConnell this week, with the hope of consolidating Tea Party support to depose the four-term incumbent from the right.
Bevin, who is currently a partner at the Louisville-based investment firm Waycross Partners, will formally declare his electoral plans on Wednesday, according to a Monday press release. Given that Bevin’s campaign has already announced a planned three-day tour of the state, all signs point to him joining the race.
Bevin has long hinted at challenging McConnell from the right. Tea Party groups reportedly began recruiting Bevin into the race in February, and in March he told the right-wing news organization The Daily Caller that he was considering a run.
“If I can be a part of the dialogue that leads to a reversal of the downward economic spiral that faces us as a state and as a nation, then I am willing to do so,” Bevin said at the time. “The people of this state are self-reliant, hard-working and strongly principled citizens and many of us are disheartened by the idea that the values we hold dear are being left behind at the state border by some of those who are representing us in Washington…We deserve better.”
Politico reports that Bevin has recently been meeting with influential right-wing groups such as the Club for Growth, the Senate Conservatives Fund, and the Madison Project, hoping to marshal support for a serious challenge to the deep-pocketed, well-connected McConnell.
McConnell, who is an obvious target for a Tea Party challenge due to his image as the consummate Washington insider, has long prepared for a primary battle — and is highly unlikely to lose such a contest, despite his low poll numbers. McConnell has an intimidating war chest of nearly $10 million in cash on hand that he can spend to fight off opponents, and he has gone out of his way to forge a close relationship with the Tea Party’s favorite politician in the state, Senator Rand Paul. McConnell — who initially opposed Paul’s Senate run, instead backing then-Secretary of State Trey Grayson — even hired longtime Paul ally Jesse Benton to manage his re-election campaign.
On Friday, Benton served notice that McConnell is not overlooking Bevin, and that his famously vicious political operation would not shy away from attacking a fellow Republican. In a statement, Benton dismissed the Connecticut-born businessman, saying “Matthew Griswold Bevin is not a Kentucky conservative, he is merely an East Coast con man.”
The winner of the Republican primary is expected to face Democratic Secretary of State Alison Lundergan Grimes in the general election.
By: Henry Decker, The National Memo, July 22, 2013
“The Mitch McConnell Strategy”: The Republican “Just Say No” Approach To Governing
As David Firestone wrote yesterday, the standards for cooperation in Congress have fallen so low that Senators pat themselves on the back whenever they manage to pass legislation. If it seems like an achievement when the Senate does its job — wow! A farm bill! — that’s probably because some of its members are committed to making it as dysfunctional as the House.
Take Senator Ted Cruz of Texas, who is warming a seat held with distinction by Kay Bailey Hutchison. In about six months in office, Mr. Cruz has devoted himself to opposing everything President Obama wants. (The Mitch McConnell strategy of 2009.)
Mr. Cruz tried to block the nomination of Chuck Hagel as secretary of defense, for example, by demanding that he prove that he wasn’t taking money from America’s enemies. He’s one of several Republicans who’ve tried to nullify agencies they don’t like — such as the National Labor Relations Board or the Consumer Financial Protection Bureau — by simply refusing to allow votes on Mr. Obama’s nominees.
This week, according to Robert Costa of the National Review, he’s been in Iowa, where he attended a meeting with conservative pastors. “Per pastors/attendees, Cruz told Iowa group this morn that conservatives must not fund the govt — ‘any CR’ — unless O’care ‘fully’ defunded,” Mr. Costa said on Twitter.
In other words, Congress shuts down the government, and presumably defaults on its debts, unless the Democrats agree to kill health care reform.
I presume Mr. Cruz thinks this is a winning strategy — at least among the Tea Party folks and other people on the far right. (Here’s a scary thought: Was he in Iowa because he’s thinking of a presidential run?)
But I’m not sure it’s going to play well with the rest of America, where contempt for Congress, and Congressional Republicans in particular, is evident in every poll. Some staunch conservatives are arguing that “just say no” is not working.
Jennifer Rubin, the right-wing commentator for the Washington Post, wrote on her blog yesterday that the House GOP has to come up with ideas of its own, starting with doing more than trying to delay or repeal “the noxious provisions” of the Affordable Care act:
“Without a GOP alternative to Obamacare, their complaints are empty and their votes unlikely to be taken seriously by voters. It is long, long past the point at which Republicans should have begun crafting and selling their alternative. To be frank, other than the budgets, when it comes to complex legislation (the details of tax reform, health care, education) this House has been weak. Where is the tax plan? Where is the market-based health-care plan? And of course we know they’ve been sitting on the sidelines in the immigration debate.”
Well put.
By: Andrew Rosenthal, Opinion Pages, The New York Times, July 19, 2013
“An Untenable Position”: How John Boehner And Republicans Helped Create The IRS Scandal
The political powers the IRS was recently accused of abusing to harass Tea Party groups were given to it against its will by Congress — including some of the agency’s biggest critics today — over 10 years ago, according to documents and a former senior tax official. The revelation, which has been missing in most if not all of the commentary on the scandal, adds a key bit of context to it.
In a half-measure effort to strengthen campaign finance disclosure laws in 2000, Congress put the IRS, effectively for the first time, in the awkward position of having to make judgment calls about whether nonprofit advocacy groups would be required to disclose their donors because too much of their activities crossed the theoretical line between “issues advocacy” and “political campaign intervention.” It’s a messy and inherently subjective business, and something officials did not want to get more involved in, predicting it would lead to exactly the kind of controversy we just witnessed. “The IRS would inevitably be subject to claims of discrimination and political bias for actions taken or not taken,” an internal memo from the Treasury Department’s office of Tax Policy sent in June 2000 and obtained by Salon reads.
“The fuse was lit in 2000 with this law, which put the IRS in an untenable position. It’s almost surprising it didn’t explode on them earlier,” Steven Arkin, a former senior Treasury and IRS official, who proceeded Lois Lerner as the director of rulings and agreements for the IRS’ tax exempt organizations office, told Salon.
The law, a stand-alone bill numbered H.R.4762, had the best of intentions, but backfired thanks to an enormous loophole. After a comprehensive campaign finance bill failed, reformers pushed a narrow bill to increase disclosure of groups organized under section 527 of the tax code. That was reserved for groups primarily involved in electoral politics — but before this law, 527s that didn’t engage in explicit electoral intervention didn’t have to file any paperwork of any kind with the IRS. They incorporated as legal entities in their states, and that was that. No information on donors, expenditures or even their existence needed to be made public. If they did engage in electioneering, they would have to disclose that information to the FEC, but only for each specific activity. Thanks to the lax standards, these groups earned the moniker “Stealth PACs” and became the bane of campaign finance reform advocates.
When lawmakers brought up a bill to force 527 groups to disclose their donors just before Congress was about to go on its July 4 recess in 2000, they made a concession to skeptical Republicans and some Democrats who were looking out for liberal nonprofits: 501(c) groups — business leagues and the so-called social welfare organizations at the center of this year’s IRS controversy — would not be included. This didn’t seem like a big deal at the time, since almost everyone who wanted to meddle in politics organized as a 527 and not a 501(c)4. Both types of groups are tax-exempt, but 527′s had free rein to engage in electoral politics, while 501(c)4′s are limited to spending less than half their money on it. Social welfare and other groups are permitted to engage in unlimited issue advocacy, so long as their efforts to elect or defeat particular candidates were not their “primary” activity.
But former Sen. Russ Feingold, a staunch campaign finance reform advocate, saw what would happen if you cracked down on 527′s and not 501(c)4′s. “By only focusing on disclosure in one type of tax-exempt organization and not on others, we leave open the use of the other type of tax-exempt organizations by those who want to hide their contributions and activity behind the cloak of anonymity that these tax-exempt organizations provide,” Feingold warned on the floor during the Senate’s very short debate. He added that he was concerned that the IRS was “not prepared” to take on this burden, given the administration’s concern.
Sen. John McCain, the Senate sponsor, said that while it would be nice to do all groups, “focusing narrowly on 527 organizations” was necessary to “ensure that the legislation survives a constitutional test.” In the House, Wisconsin Democrat Tom Barrett, acknowledged that “this bill is not perfect” since it exempted social welfare organizations, but said including them might be “poison pill provisions” that would “scuttle this important reform effort.”
The bill passed overwhelmingly in both chambers. In the House, it was 385-39, with the “yay” column including Republican Reps. John Boehner, Dave Camp, Paul Ryan, Jim DeMint and many others who would later make hay of the way the IRS regulated 501(c) groups. Meanwhile, the Senate approved it 92-6, with McCain, Lindsey Graham, Rick Santorum and many others voting in favor. Sen. Mitch McConnell, a longtime opponent of campaign finance reform, voted no, but said, “I recommend to my Republican colleagues that they vote for this bill,” calling it “relatively benign and harmless.”
The fallout was not particularly surprising. Two months after the law went into effect, the Washington Post reported that “instead of complying with the new law, a number of groups are instead reconstituting themselves under other provisions of the tax code that do not force them to reveal their donors.” Ben Ginsberg, a prominent GOP election lawyer, told the Post he couldn’t keep up with with his clients’ requests to convert. “We’d be running out of fingers and toes” just to count them all, he said. Claiming to be new groups, they reorganized as 501(c)4′s, which can do basically all the same things the old 527′s did, just under a different section of the tax code. So in the end, Congress swapped out 527 “Stealth PACs” for 501(c)4 “Dark Money” groups.
But while the change seems banal, it effectively transferred oversight of this species in the campaign finance ecology to the IRS, an agency less well equipped to handle delicate political questions than the FEC, which was designed with a bipartisan commission and other features precisely to handle touchy political issues, including fundraising matters impacting members of Congress themselves.
“The proposals to amend the Internal Revenue Code would put the IRS in the position where it, rather than the FEC, must become the “watchdog,” the Treasury Department memo, first reported by Sam Stein at the Huffington Post, warned before the law passed. “Imposition of such a burden on the IRS would be an administrative nightmare for the agency.”
“It never should have been given to the IRS,” said Arkin, the former tax official.
It’s a fitting coda to the IRS scandal that the problem was largely created by the people most outraged by it.
By: Alex Seitz-Wald, Salon, July 11, 2013
“Don’t Poison A Law, Then Claim It’s Sick”: Republicans Doing Everything They Can To Make The Affordable Care Act Fail
One does not usually expect blistering, progressive-minded editorials from USA Today, but this morning’s piece on the Affordable Care Act is a gem. The headline reads, “GOP poisons ObamaCare, then claims it’s sick.”
Regular readers know we’ve been talking quite a bit about Republican efforts to sabotage the federal health care system in the hopes of partisan and ideological gain, and it’s good to see the USA Today editorial board notice. “Having lost in Congress and in court, they’re now using the most cynical of tactics: trying to make the law fail,” the paper explains. “Never mind the public inconvenience and human misery that will result…. There is a distinct line between fighting to turn your ideas into law and trying to wreck a law once it has been passed.”
First, Republicans limited the use of government money to spread the word. Then, when the administration reached out to the NFL and other major sports leagues for help in publicizing the new health care exchanges, the opponents resorted to intimidation.
Sens. Mitch McConnell, R-Ky., and John Cornyn, R-Texas, fired off a letter to the NFL, saying that the league had better not get involved with such a controversial program, as if the league would be taking sides on a debate in Congress, not doing public service announcements for a law soon to affect millions.
In a particularly smarmy warning, McConnell and Cornyn told the NFL to let them know whether the Obama administration retaliated against the league for not cooperating — the clear implication being that if the league did help inform the public about ObamaCare, Senate Republicans had their own methods of retribution. It is an appalling abuse of power, and the NFL meekly yielded.
It’s against this backdrop that Sen. Pat Roberts (R-Kan.) falsely argued in his party’s weekly radio address that the law would disrupt people’s cancer care, and GOP governors nationwide block Medicaid expansion for no substantive reason.
It doesn’t have to be this way, but it appears today’s Republican Party knows no other way.
Of course, this isn’t the only thing going on with Obamacare this week.
This story, for example, struck me as almost amusing.
House Budget Committee Chairman Paul Ryan (R-Wis.) is requesting a new cost estimate for ObamaCare in light of a decision to delay the law’s employer mandate.
Ryan’s staff asked the Congressional Budget Office (CBO) to reevaluate the law’s budget impact after the White House said Tuesday that larger employers will not be required to offer health insurance until 2015.
It’s true that the delay on the employer mandate will likely shrink the deficit reduction of the law by about $4 billion in that first year. In other words, instead of nearly $200 billion in deficit reduction over the first decade of the Affordable Care Act, we’re looking at a figure closer to $196 billion in deficit reduction.
But here’s my follow-up question for Paul Ryan: why do you care? What difference does it make to House Republicans if it’s $200 billion or $196 billion? Does the GOP really intend to run ads saying, “Obamacare is one of the biggest deficit-reduction packages in a generation, but it’s savings are slightly smaller than the CBO estimated last year”?
As for the increasingly common argument among conservatives that the delay in the employer mandate spells implementation trouble for the reform law, Ezra Klein had a good piece explaining that the opposite is true.
Peter Orszag, who helped design Obamacare from his perch as head of the Office of Management and Budget, disagreed with Rubin. “Delaying the employer mandate makes successful implementation more likely, not less likely,” he told me.
Larry Levitt, vice president of the nonpartisan Kaiser Family Foundation, agreed. “There’s nothing about the delay in the employer requirement that suggests Obamacare can’t still be implemented,” he said. “If anything the delay removes some potential administrative complexities from the plates of the implementers, and avoids the problem of some employers reducing the hours of part-time workers to get around the requirement.”
Timothy Jost, a health law expert at Washington and Lee University’s School of Law, was even blunter. “Implementation just got easier rather than harder,” he said…. The Obama administration has decided to accept some bad media coverage now, and some higher costs later, in order to make Obamacare much, much simpler to implement next year.
It seems like a relevant detail that’s been lost amid the chatter of late.
By: Steve Benen, The Maddow Blog, July 10, 2013
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