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“No, The World Didn’t End”: Maybe We’ll All Survive After All

I’m a bit amused at some of the articles dribbling out of Washington at present that find various silver linings for the demise of the filibuster against executive-branch and lower-court-judicial appointments. I mean, we all know it Killed the Senate As We Know It, at which act the angels are still weeping, and it spoiled the great and dignified work of the “gangs” cutting ad hoc deals to avoid this or that filibuster. I know it’s hard to imagine anything that would significantly offset such terrible damage–what will Lindsey Graham do between primary challenges?–but The Hill‘s Elise Viebeck finds one that has the added bonus of giving Republicans a trophy to mount on its wall:

Kathleen Sebelius may become the biggest loser in the Senate’s approval of filibuster reform.

The Health and Human Services (HHS) secretary has kept her job despite the botched rollout of ObamaCare’s insurance exchanges, but it will now be easier for Obama to replace her.

After the Senate’s vote, confirming an executive-branch nominee now takes just 51 Senate votes. Some think that raises the likelihood Sebelius will soon be a former Cabinet member.

“The president’s hands were previously tied,” said John Hudak, a fellow in governance studies at the Brookings Institution, who wrote a piece on the topic Thursday.

“Now, he has more breathing room and he is able to fire whoever he wants at HHS. That’s a very, very appealing approach, whether it fixes the problems with ObamaCare’s rollout or not.”

Better yet, Democrats can approve appointments to the Obamacare Death Panel without Republicans getting their hands dirty with complicity in genocide.

The filibuster vote could also make it easier for Obama to fill the healthcare law’s controversial cost-cutting board, another big advantage for the president.

Known as IPAB, the panel has no members yet is meant to submit its first proposed cuts in January. Any nominees from Obama require Senate confirmation, which is now an easier prospect.

Before Thursday’s vote, Obama’s nominees needed 60 votes to survive procedural motions. Now they need 51.

And hey, maybe the nuclear option shattered the deal-making dreams of “moderate” Republicans, but it might help keep some Democratic “centrists” in the Senate:

Beyond helping Obama, the change could make life easier for some of the Senate Democrats who face tough reelection contests in 2014. The chamber is controlled by 53 Democrats and two Independents who caucus with the majority party.

“Obama now has breathing room among Democrats,” Hudak said.

“He can actually let some of the Democrats who are in tough races off the hook, which has some real electoral implications for those members.”

So see? Maybe we’ll all survive after all.

 

By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, November 25, 2013

November 26, 2013 Posted by | Filibuster, Senate | , , , , , , , | Leave a comment

“The More We See”: Trayvon Martin Or George Zimmerman, Who’s The Real Thug?

With George Zimmerman out on bail last week after his latest run-in with police, it seems an opportune time to discuss the second killing of Trayvon Martin.

The first, of course, has been discussed ad infinitum since Zimmerman shot the unarmed 17-year-old to death last year. But then Trayvon was killed again. The conservative noise machine engaged in a ritual execution of his character and worth, setting out with breathtaking indifference to facts and callous disregard for simple decency to murder the memory of a dead child.

Geraldo Rivera blamed him for his own death because he wore a hooded sweatshirt — in the rain, yet. Glenn Beck’s website suggested he might have been an arsonist, kidnapper or killer. Rush Limbaugh made jokes about “Trayvon Martin Luther King.”

Some conservative readers even chastised me for referring to him as a “child” or a “boy” though at 17, he was legally both. Makes him seem too sympathetic, they said. One man assured me, absent any evidence or, apparently, any need of it, that contrary to reports, Trayvon was not walking to where he was staying that day but was in fact “casing” the neighborhood.

One woman forwarded a chain email depicting a tough-looking, light-skinned African-American man with tattoos on his face. It was headlined: “The Real Trayvon Martin,” which it wasn’t. It was actually a then-32-year-old rapper who calls himself The Game. But the message was clear: Trayvon was a scary black man who deserved what he got.

I sent that woman an image of Trayvon from the Zimmerman trial. It shows him lying open-eyed and dead on the grass. “This is the real Trayvon,” I wrote.

It was a waste of time. “They’re both pictures of Trayvon,” she insisted. So deeply, bizarrely invested was she in the idea of Trayvon as thug that she could not distinguish between a fair-skinned man with tattoos, and a brown boy with no visible markings. Literally, they all look alike to her.

And once again, a conservative movement which argues with airy assurance that American racism died long ago, disproves its thesis with its actions.

Here, someone wants it pointed out that Trayvon Martin was not an angel. Well, he wasn’t. He took pictures flipping the bird. He used marijuana. He was suspended from school at the time of his shooting. Obviously, he needed guidance. The same is true of many boys. Indeed, it is rumored that there are even white children who use marijuana.

But here’s the thing: Why did some of us need Trayvon to be an angel in the first place? Why did they feel such a pressing urgency to magnify — and manufacture — his failings? Why was it so important to them to make him unworthy of sympathy?

It is a question that assumes new potency the more we see of George Zimmerman. On the day he shot Trayvon, this hero of the conservative noise machine, this righteous white Hispanic man who was, they say, just standing his ground, already had a record that included an accusation he attacked an undercover police officer. That same year — 2005 — a woman sought a restraining order against him, alleging domestic violence.

In September, Zimmerman had a fresh run-in with police over a domestic violence accusation by his estranged wife. In this latest episode, a girlfriend said he pulled a gun on her. In court, she said that once, he even tried to choke her.

Granted, none of these charges has been adjudicated, but there is certainly a pattern here. It ought to give decent people pause and the conservative noise machine shame — assuming it is capable of that emotion. That pattern paints in neon the machine’s willful blindness, the reflexive alacrity with which it assigns the thug label to the black kid — and innocence to the white man.

Well, look again. George Zimmerman seems awfully darn thuggish to me.

 

By: Leonard Pitts, Jr., Featured Post, The National Memo, November 25, 2013

November 26, 2013 Posted by | George Zimmerman, Trayvon Martin | , , , , , , , | Leave a comment

“Republicans Cry Foul Over Presidential Multi-Tasking”: No, The Iran Deal Is Not A Manufactured Distraction From ObamaCare

Critics of the nuclear accord struck between Iran, the United States, and five other global superpowers are deeply skeptical about the deal’s terms, fearing it is too weak and relies too much on placing trust in a secretive state.

Some Republicans, meanwhile, think the deal is a farce for another reason.

John Cornyn on Twitter: Amazing what WH will do to distract attention from O-care

10:15 PM – 23 Nov 2013 from Austin, TX, United States

Cornyn isn’t just any random Republican either. He’s the Minority Whip, the second-ranking GOPer in the Senate, so his opinion carries more weight than if someone akin to, say, Rep. Michele Bachmann (R-Minn.) unloaded on the administration with a factually-light claim.

The argument gained some credibility Sunday when Bob Schieffer repeated it in question form on Face the Nation to House Majority Whip Rep. Kevin McCarthy (R-Calif.) McCarthy, for his part, offered only a semi-dismissal: “I know they need some other type of news, but that would be the biggest mistake any administration could do. I would hope that would never be the case.”

As “distraction” murmurs intensified, Cornyn doubled down on the claim. And come Monday, Fox News’ morning hosts were opining on how Secretary of State John Kerry, amid the ObamaCare debacle, magically “pulls a rabbit out of his hat and changes the subject.”

There’s one huge problem with the augment: The deal was reportedly in the works for at least eight months — or well before ObamaCare went live and exposed glaring problems with the health care website.

Administration and Iranian officials met in Oman back in March for the first of at least five secret meetings, according to the Associated Press. The AP learned of the first meeting soon after it happened, the news agency said, but could not confirm the details and so sat on the story until now.

Going back even further, Secretary of State John Kerry, while still in the Senate in 2011, began forging ties with the Omanis that may have laid the groundwork for the nuclear negotiations.

Certainly, President Obama would like to talk about something other than his administration’s poor handling of the ObamaCare rollout. And indeed, the White House is quietly pushing Democratic lawmakers to shift their focus to the economy.

Yet assuming a historic deal was really a calculated gambit to shift the conversation in Washington from domestic to foreign affairs is, given the many months and rounds of negotiations that resulted in the deal, quite a stretch. You could argue that the administration, anticipating the ObamaCare implosion, started preparing an Iranian smokescreen earlier this year, just in case. But to truly believe that you would have to view the news in a complete vacuum, and be a pretty big cynic to boot.

And as far as distractions go, a nuclear deal with a country a plurality of Americans believe is an “enemy” is not exactly the best shiny object to reach for. So far, the reaction to the deal has been mixed, with even some prominent Democrats panning the accord as too friendly to Iran. So though the deal shifted the news cycle, it did not do so in a way uniformly beneficial to the White House.

Plus, the nuclear pact is only the latest piece of news Republicans have claimed is a manufactured ObamaCare distraction. When Democratic senators last week scrapped centuries-old rules governing filibusters, Minority Leader Mitch McConnell (R-Ky.) accused them of “cook[ing] up some fake fight.”

“I’d probably be looking for an exit, too, if I had supported this law,” he said, “I’d be looking to change the subject, just as Senate Democrats have been doing with their threats of going nuclear and changing the Senate rules on nominations.”

Yes, the Senate changed the conversation from ObamaCare to arcane debate rules last week. But McConnell, as with Cornyn, had no proof it was a deliberate, politically motivated calculation.

The administration has so far refused to respond to the allegations. And that may be a good idea: Were they to respond, someone would probably accuse them of again trying to distract from ObamaCare.

 

By: Jon Terbush, The Week, November 25, 2013

November 26, 2013 Posted by | Iran, Obamacare | , , , , , , , | Leave a comment

“A Nuclear End To Republican Denial”: Seeing The World As It Is Rather Than Pining For A World That No Longer Exists

Those who lament the Senate Democrats’ vote to end filibusters for presidential nominations say the move will escalate partisan warfare and destroy what comity is left in Congress. Some also charge hypocrisy, since Democrats once opposed the very step they took last week.

In fact, seeing the world as it is rather than pining for a world that no longer exists is a condition for reducing polarization down the road. With their dramatic decision, Senate Democrats have frankly acknowledged that the power struggle over the judiciary has reached a crisis point and that the nature of conservative opposition to President Obama is genuinely without precedent.

What happened on Nuclear Thursday has more to do with the rise of an activist conservative judiciary than with the norms of the Senate. From the moment that five conservative justices issued their ruling in Bush v. Gore, liberals and Democrats realized they were up against forces willing to achieve their purposes by using power at every level of government. When the Bush v. Gore majority insisted that the principles invoked to decide the 2000 election in George W. Bush’s favor could not be used in any other case, they effectively admitted their opportunism. Dec. 12, 2000, led inexorably to Nov. 21, 2013.

Bush v. Gore set in motion what liberals see as a pernicious feedback loop. By giving the presidency to a conservative, the five right-of-center justices guaranteed that for at least four years (and what turned out to be eight), the judiciary would be tilted even further in a conservative direction.

Bush was highly disciplined in naming as many conservative judges as he could. His appointments of Chief Justice John Roberts and Associate Justice Samuel Alito bolstered the Supreme Court’s conservative majority. The court later rendered such decisions as Citizens United, which tore down barriers to big money in politics, and Shelby County v. Holder, which gutted a key part of the Voting Rights Act. Both, in turn, had the effect of strengthening the electoral hand of conservatives and Republicans.

With the conservatives’ offensive as the backdrop, Senate Democrats and liberals on the outside revolted in 2005 against the Republican threat to use the nuclear option when the GOP controlled the Senate. Progressives felt they had no choice but to throw sand into the gears of a juggernaut.

Liberals said things eight years ago that are being used by conservatives to accuse them of hypocrisy now. I didn’t have to look far for an example of what they’re talking about.

In a column in March 2005, I called the GOP’s effort to speed the confirmation of conservative judges “a blatant effort to twist the rules” that ignored “the traditions of the Senate.” I might take back the “traditions of the Senate” line, a rhetorical attempt to call conservatism’s bluff. But what animated my argument then is the same concern I have now: This era’s conservatives will use any means at their disposal to win control of the courts. Their goal is to do all they can to limit Congress’s ability to enact social reforms. At the same time, they are pushing for measures — notably restrictions on the right to vote — that alter the electoral terrain in their favor.

And it is simply undeniable that in the Obama years, conservatives have abused the filibuster in ways that liberals never dreamed of. Senate Majority Leader Harry Reid cited the Congressional Research Service’s (CRS) finding that in our history, there have been 168 cloture motions filed on presidential nominations. Nearly half of them — 82 — happened under Obama. According to CRS, of the 67 cloture motions on judicial nominees since 1967, 31 occurred under Obama. Faced with this escalation, senators long opposed to going nuclear, among them Reid and California’s Dianne Feinstein, concluded it was the only alternative to surrender.

Republicans gave the game away when all but a few of them opposed Obama’s three most recent appointments to the Court of Appeals for the D.C. Circuit not on the merits but by accusing the president of trying to “pack the court.” In fact, Obama was simply making appointments he was constitutionally and legislatively authorized to make. His nominees were being filibustered because they might alter the circuit court’s philosophical balance. The GOP thus demonstrated beyond any doubt that it cares far more about maintaining conservative influence on the nation’s second most important judicial body than in observing the rules and customs of the Senate.

This is why the Senate Democrats’ action will, in the end, be constructive. The first step toward resolving a power struggle is to recognize it for what it is. The era of denial is finally over.

 

By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, November 24, 2013

November 25, 2013 Posted by | Filibuster, Senate | , , , , , , , | 1 Comment

“Obscuring The Bigger Picture”: The Republican Tempest Over The Affordable Care Act Diverts Attention From Three Large Truths

Having failed to defeat the Affordable Care Act in Congress, to beat it back in the last election, to repeal it despite more than eighty votes in the House, to stop it in the federal courts, to get enough votes in the Supreme Court to overrule it, and to gut it with outright extortion (closing the government and threatening to default on the nation’s debts unless it was repealed), Republicans are now down to their last ploy.

They are hell-bent on destroying the Affordable Care Act in Americans’ minds.

A document circulating among House Republicans (reported by the New York Times) instructs them to repeat the following themes and stories continuously: “Because of Obamacare, I Lost My Insurance.” “Obamacare Increases Health Care Costs.” “The Exchanges May Not Be Secure, Putting Personal Information at Risk.”

Every Republican in Washington has been programmed to use the word “disaster” whenever mentioning the Act, always refer to it as Obamacare, and demand its repeal.

Republican wordsmiths know they can count on Fox News and right-wing yell radio to amplify and intensify all of this in continuous loops of elaboration and outrage, repeated so often as to infect peoples’ minds like purulent pustules.

The idea is to make the Act so detestable it becomes the fearsome centerpiece of the midterm elections of 2014 — putting enough Democrats on the defensive they join in seeking its repeal or at least in amending it in ways that gut it (such as allowing insurers to sell whatever policies they want as long as they want, or delaying it further).

Admittedly, the President provided Republicans ammunition by botching the Act’s roll-out. Why wasn’t HealthCare.gov up and running smoothly October 1? Partly because the Administration didn’t anticipate that almost every Republican governor would refuse to set up a state exchange, thereby loading even more responsibility on an already over-worked and underfunded Department of Health and Human Services.

Why didn’t Obama’s advisors anticipate that some policies would be cancelled (after all, the Act sets higher standards than many policies offered) and therefore his “you can keep their old insurance” promise would become a target? Likely because they knew all policies were “grandfathered” for a year, didn’t anticipate how many insurers would cancel right away, and understood that only 5 percent of policyholders received insurance independent of an employer anyway.

But there’s really no good excuse. The White House should have anticipated the Republican attack machine.

The real problem is now. The President and other Democrats aren’t meeting the Republican barrage with three larger truths that show the pettiness of the attack:

The wreck of private insurance. Ours has been the only healthcare system in the world designed to avoid sick people. For-profit insurers have spent billions finding and marketing their policies to healthy people – young adults, people at low risk of expensive diseases, groups of professionals – while rejecting people with preexisting conditions, otherwise debilitated, or at high risk of heart disease, diabetes, and cancer. And have routinely dropped coverage of policy holders who become seriously sick or disabled. What else would you expect from corporations seeking to maximize profits?

But the social consequences have been devastating. We have ended up with the most expensive healthcare system in the world (finding and marketing to healthy people is expensive, corporate executives are expensive, profits adequate to satisfy shareholders are expensive), combined with the worst health outcomes of all rich countries — highest rates of infant mortality, shortest life spans, largest portions of populations never seeing a doctor and receiving no preventive care, most expensive uses of emergency rooms.

We could not and cannot continue with this travesty of a healthcare system.

The Affordable Care Act is a modest solution.  It still relies on private insurers — merely setting minimum standards and “exchanges” where customers can compare policies, requiring insurers to take people with preexisting conditions and not abandon those who get seriously sick, and helping low-income people afford coverage.

A single-payer system would have been preferable. Most other rich countries do it this way. It could have been grafted on to Social Security and Medicare, paid for through payroll taxes, expanded to lower-income families through Medicaid. It would have been simple and efficient. (It’s no coincidence that the Act’s Medicaid expansion has been easy and rapid in states that chose to accept it.)

But Republicans were dead set against this. They wouldn’t even abide a “public option” to buy into something resembling Medicare. In the end, they wouldn’t even go along with the Affordable Care Act, which was based on Republican ideas in the first place. (From Richard Nixon’s healthcare plan through the musings of the Heritage Foundation, Republicans for years urged that everything be kept in the hands of private insurers but the government set minimum standards, create state-based insurance exchanges, and require everyone to sign up).

The moral imperative.  Even a clunky compromise like the ACA between a national system of health insurance and a for-profit insurance market depends, fundamentally, on a social compact in which those who are healthier and richer are willing to help those who are sicker and poorer. Such a social compact defines a society.

The other day I heard a young man say he’d rather pay a penalty than buy health insurance under the Act because, in his words, “why should I pay for the sick and the old?” The answer is he has a responsibility to do so, as a member the same society they inhabit.

The Act also depends on richer people paying higher taxes to finance health insurance for lower-income people. Starting this year, a healthcare surtax of 3.8 percent is applied to capital gains and dividend income of individuals earning more than $200,000 and a nine-tenths of 1 percent healthcare tax to wages over $200,000 or couples over $250,000. Together, the two taxes will raise an estimated $317.7 billion over 10 years, according to the Joint Committee on Taxation.

Here again, the justification is plain: We are becoming a vastly unequal society in which most of the economic gains are going to the top. It’s only just that those with higher incomes bear some responsibility for maintaining the health of Americans who are less fortunate.

This is a profoundly moral argument about who we are and what we owe each other as Americans. But Democrats have failed to make it, perhaps because they’re reluctant to admit that the Act involves any redistribution at all.

Redistribution has become so unfashionable it’s easier to say everyone comes out ahead. And everyone does come out ahead in the long term:  Even the best-off will gain from a healthier and more productive workforce, and will save money from preventive care that reduces the number of destitute people using emergency rooms when they become seriously ill.

But there would be no reason to reform and extend health insurance to begin with if we did not have moral obligations to one another as members of the same society.

The initial problems with the website and the President’s ill-advised remark about everyone being able to keep their old policies are real. But they’re trifling compared to the wreckage of the current system, the modest but important step toward reform embodied in the Act, and the moral imperative at the core of the Act and of our society.

The Republicans have created a tempest out of trivialities. It is incumbent on Democrats — from the President on down — to show Americans the larger picture, and do so again and again.

 

By: Robert Reich, The Robert Reich Blog, November 22, 2013

November 25, 2013 Posted by | Affordable Care Act, Health Reform | , , , , , , , | 1 Comment