“Just A Bunch Of Nativists”: Making Laws No Longer Part Of The Lawmaking Process
Reading through some headlines today, I came across one link that began, “House Votes To…” and I realized that no matter what the end of the headline was, you can almost always insert, “…Make Pointless Statement As Sop to Conservative Base” and you’ll be on target. In this case it happened to be a vote to block energy-efficiency standards for light bulbs, but it could have been any of a thousand things. You could argue, as Jonathan Chait does, that Republican lawmakers have basically given up on lawmaking altogether, and you wouldn’t be far off. But it’s more than that. They’ve reimagined the lawmaking process as a kind of extended ideological performance art piece, one that no longer has anything to do with laws in the “I’m Just a Bill” sense. It’s not as though they aren’t legislating, it’s just that laws have become beside the point.
Granted, the lawmaking process has always involved a lot of grandstanding and occasional votes taken more to make a statement than to alter the rules under which American society operates. Congress passes plenty of resolutions that do nothing more than express its sentiments, like saluting the patriotism of the East Burp High students who raised money to buy a new flag for their school, or declaring August to be Plantar Fasciitis Awareness Month. But those things always went alongside with actual lawmaking.
We’re now in a situation where the lawmaking process—you know, bills being written, introduced, voted on, that sort of thing—has, in the House at least, been given over almost entirely to this legislative kabuki, where the point of the exercise isn’t passing laws but making statements and taking positions. The current Congress is on pace to be the least productive in history when you measure by actual laws passed.
And it is really all about the House. Whenever you see someone say that “Congress” or “Washington” is stuck in gridlock or can’t get its act together, the underlying truth is almost always that it’s the Republican House gumming things up. There are more than a few crazy Republicans in the Senate, but as a group they’re willing to legislate, and sometimes even compromise with Democrats. Not so in the House. I think this reached its apogee when they took their 37th vote to repeal Obamacare a couple months back, in part because freshman Tea Party members hadn’t had the chance to perform the ritual. “The guys who’ve been up here the last year, we can go home and say listen, we voted 36 different times to repeal or replace Obamacare,” said South Carolina Representative Mick Mulvaney, with a touching compassion for his colleagues. “Tell me what the new guys are supposed to say.” There was a time when members of Congress would want to go to their constituents and tell them about funding they’d obtained for projects in the district or reforms they’d fought for and passed. These days, Republicans in the House know that none of what they vote for with such enthusiasm will ever even be considered in the Senate, much less voted on, passed, and sent to the president for his signature. But they don’t seem to care.
The kicker to this is that it’s only going to get worse, because the GOP is poised to erect a giant wall around the House of Representatives as its last redoubt of national power. As we’ve been discussing, the party is split between those who worry about their prospects in future presidential elections and therefore want to reach out to growing minority populations and soften the GOP’s hard-earned image as a bunch of nativists, and those who not only can’t stand the immigration reform currently on offer but fear only threats from their right in primary campaigns, since they’re in safe Republican districts. Most everyone in Washington now believes that immigration reform is all but dead, which is bad for the party’s next presidential nominee, but perfectly fine with House Republicans.
Although I’m always wary of assuming that the way things are in politics is the way they’ll remain for too long, we could well see an extended period in which a Democratic president is stymied by a Republican House dominated by legislators who couldn’t care less about legislating. It’s almost enough to make you cynical about politics.
By: Paul Waldman, Contributing Editor, The American Prospect, July 10, 2013
“The Stench Of Sulfur”: It’s Time To Call A Satan A Satan
I do not lead a partisan organization, but I do lead a faith-rooted organization that has a long history of speaking out on matters of public concern.
Here is why speaking out rather bluntly at this time seems necessary to me: Unless I have misread or misheard the news lately, the GOP majority in the House of Representatives holds roughly these positions on key issues:
Immigration Reform: No bill, or else a bill with no path to citizenship.
Farm Bill: Subsidies for fat-cat Agribusiness operators but no renewal of food assistance for the urban poor—which has long been the traditional rural-urban tradeoff in enacting compromise farm bills.
Student Debt: Let the financial markets decide, and we are not concerned with the actual devastating burden laid upon the future workforce. (In fairness, here the Wall Street Democrats are also a big problem.)
Universal Health Care: Hell no! Just repeal the damned thing!! If it is implemented it might actually allow poor “takers” to live a little bit longer than is convenient for us “makers,” who no longer require a large low-wage labor force—in the United States, that is.
Women’s Health: Whatever can you mean? You must mean infanticide??
Religious Liberty/First Amendment: We believe that any employer’s “religious convictions” should trump all civil rights and equal right protections under established law. Do we need to remind you that the Constitution was written by Christians and for Christians in particular?
Energy/Climate: I’m not that hot—are you? We in the One Percent will manage to stay cool by any means necessary as the rest of you suffer.
Regulation More Broadly: You can catch up with our death-and-debt-dealing corporate friends AFTER the damage is done, OK? That’s the American Way.
That’s the House Republicans. And on the Senate side:
Presidential Appointments: It is our firm intention to thwart and destroy this president; effectively nullifying his power to make appointments forms a central part of that effort. (Please go ahead and do that Google search on earlier nullification fun times in US history.)
If I am misrepresenting these positions, by all means call me on it. But if I describe them accurately, don’t we have a responsibility to say that these positions have the sulfurous stench of Satan about them?
Not in precisely those words, perhaps. But we have many valid ways—and many long-accepted homiletical, liturgical, and hermeneutical means—to get the primary point across. And to repeat, these are ways and means that do not cross red lines for 501(c)3 charitable or religious organizations.
The IRS language for what “charitable” means is worth reviewing:
The term charitable is used in its generally accepted legal sense and includes relief of the poor, the distressed, or the underprivileged…eliminating prejudice and discrimination; [and] defending human and civil rights secured by law.
The radical Republicans in Washington and in many statehouses want to further punish and distress the poor; they want to enshrine prejudice and discrimination; they want to shred human and civil rights that are currently secured by law.
We not only have the freedom to say that; we have a responsibility to say it.
By: Peter Laarman, Religion Dispatches, July 12, 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
“Getting Mad For All The Wrong Reasons”: Madness Is Simply The Status Quo For Republicans
Nearly a week later, the Affordable Care Act’s opponents are still furious that the employer-mandate provision that conservatives opposed won’t be implemented on schedule. But there’s a reason that sentence might seem unusual to you — if Republicans don’t like the employer mandate, why are they outraged that the mandate won’t exist until 2015 at the earliest?
The answer is simple, but unsatisfying: Republicans are mad for all the wrong reasons. Brian Beutler had a good piece on this the other day, noting that Obamacare’s detractors are, ironically, disappointed that “a problematic provision won’t be taking effect right away.” Republicans don’t want a health care system that works effectively; they want a system that doesn’t work effectively so they can complain about it. The White House’s decision last week satisfies GOP policy goals, such as they are, but interferes with the GOP’s rhetorical goals, which the right obviously sees as more important.
[I]t doesn’t take much reading between the lines to recognize what’s really going on. Republicans are still committed to the far-fetched objective of repealing Obamacare, and as such have effectively vowed not to work with the administration to fix any of its dysfunctional provisions. To the contrary, the GOP is committed to creating implementation problems where they can, and to making sure existing problems are never fixed, to make the whole program a liability for Democrats.
By delaying the employer mandate, the Obama administration unilaterally sidestepped the GOP’s strategy. And Republicans aren’t happy about it.
Keep in mind, Republican policymakers could, right now, sit down with Democrats to explore scrapping the employer mandate and replacing it with some other policy alternative. But that would require governing, and post-policy nihilists that dominate Republican politics in 2013 aren’t even open to that possibility.
We’re left with a dynamic that the political establishment still finds difficult to fully grasp: GOP officials could make the federal health care system better and more to their liking, but they see no value in that. They’d rather sabotage it, regardless of the real-world consequences. They could help get rid of a mandate they oppose, but they’d rather keep the policy they hate in the hopes it won’t work, people will feel adverse consequences, and there will be new fodder for 30-second attack ads a year from now.
Some people pursue public service to build things, and some pursue public service because they just want to watch the things burn.
This dovetails nicely with news that Republican leaders have urged the NFL, MLB, NBA, NHL, PGA, and NASCAR not to partner with Washington on informing the public about health care benefits Americans are legally entitled to. Kevin Drum had a terrific rant on this.
But not. Conservatives remain so spittle-flecked angry about [Obamacare] that they can’t even abide the thought of a sports league helping to run a public education campaign that reduces confusion about who’s entitled to what. Even now, they desperately want it to fail. And they’re going to do everything they can to help it fail, even if that means screwing over their own constituents. It’s a temper tantrum possibly unequalled in American political history.
And it’s revolting.
I’ve made a conscious effort to read conservative commentary on this, trying to understand their rationale for such callousness and recklessness. Their argument, in effect, seems to be this: Republicans hate the law, so of course they want it to fail and will continue to do whatever they can to ensure their preferred outcome. If there are elements of Obamacare that need fixing, why should the GOP agree to help clean up the mess? Families may suffer if the system collapses, but it’ll clear the way, eventually, for a superior Republican reform plan.
I don’t doubt that the right finds this line of thought coherent and persuasive, but their sincerity doesn’t make it any less ridiculous. First, there is no precedent for elected federal American officials acting to deliberately sabotage federal law, hurting millions of people on purpose out of partisan spite. That’s just madness, but it’s currently the status quo.
Second, if GOP policymakers were even remotely serious about governing, they could — get this — achieve policy goals they like. This employer mandate is a terrific example of the sort of provision Democrats would gladly trade away, if only they had someone to trade with. Republicans could, in other words, score policy victories if they just try.
People forget this, but shortly before Obamacare became law, several GOP leaders said they agreed with “80 percent” of the Democratic plan — and that was before the public option was scuttled, which means in the end, Republicans agreed with more than 80 percent of the law. GOP officials could move it even closer to their preferred vision if they’d only take public policy seriously for a short while.
As for someday replacing the Affordable Care Act with a far-right, Republican-friendly alternative, we’ve been waiting for years for a half-way-credible GOP plan, and there’s a good reason one has never materialized: they really don’t give a darn. They saw the old, dysfunctional mess — the one the public demanded be reformed; the one that cost too much and covered too few — and said it was good enough to leave in place indefinitely.
The most generous thing I can say about their approach is that it’s fundamentally unserious about helping anyone. The least generous thing I can say is probably inappropriate for a family-friendly blog.
By: Steve Benen, The Maddow Blog, July 8, 2013
“Under Obamacare, Millions Will Die”: The Coming Campaign Against The Affordable Care Act
I have questions. For instance, are Charles and David Koch aliens from the planet Fnerzblax 6, come here to feast on the entrails of Earth humans to give them strength for their coming war with the barbarians of Fnerzblax 4? We don’t know, and that’s what has me so concerned.
I ask because Americans for Prosperity, the group through which the Kochs channel much of their political activism, is initiating a new television campaign to get people afraid of and angry about Obamacare, and this seems to be the method of the campaign. The first ad, called “Questions,” asks whether Obamacare is going to take money from a worried-looking young mother and deprive her sick child of the care he needs to survive. Not that it would truly do these things, but hey, she’s just asking: http://youtu.be/XOMAuo4C8kk
Beyond the just-asking format, there’s a preview here of something else we’ll be seeing as Obamacare gets implemented over the next couple of years. Every problem that anyone has with anything related to health care will be characterized as a consequence of Obamacare, which in some tortured sense might be almost true. The ad mentions not being able to choose your doctor, which would be bad. If you chose an insurance plan in an exchange established by Obamacare, that plan will probably have a network of doctors from which you have to choose if you want your care paid for, and if your doctor isn’t on it, then you’ve been prevented from choosing your own doctor.
Of course, that isn’t because of Obamacare, it’s because of the way insurance works in America; it’s how it worked before Obamacare, and it’s how it’ll work after Obamacare. But it’s a lot simpler to say, “Now that we’re under Obamacare, I didn’t get to choose my doctor!” And did you know that under Obamacare, medications could come with dangerous side effects? Or that under Obamacare, kids who get shots will cry? Not only that, under Obamacare, you could get cancer and die—even if your doctor wanted to save you. In fact, under Obamacare, we’re all going to die one day. Thanks for all the misery, pain, and death, Obama.
By: Paul Waldman, Contributing Editor, The American Prospect, July 8, 2013
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