“Remember The Naysayers”: Senate Passes Expanded Violence Against Women Act
The Senate voted overwhelmingly Tuesday afternoon to pass legislation reauthorizing the Violence Against Women Act with expanded protections for gays, undocumented immigrants and Native American women who suffer from domestic abuse.
The final vote was 78-22. All Democrats and 23 Republicans voted for final passage. The bill now heads to the House, where GOP leaders are resisting some of its provisions.
“Today the Senate passed a strong bipartisan bill to reauthorize and strengthen the Violence Against Women Act,” President Obama said in a statement. “The bill passed by the Senate will help reduce homicides that occur from domestic violence, improve the criminal justice response to rape and sexual assault, address the high rates of dating violence experienced by young women, and provide justice to the most vulnerable among us. I want to thank Senator Leahy and his colleagues from both sides of the aisle for the leadership they have shown on behalf of victims of abuse. It’s now time for the House to follow suit and send this bill to my desk so that I can sign it into law.”
The 22 Republicans who voted against it were Sens. John Barrasso (WY), Roy Blunt (MO), John Boozman (AR), Tom Coburn (OK), John Cornyn (TX), Ted Cruz (TX), Mike Enzi (WY), Lindsey Graham (SC), Chuck Grassley (IA), Orrin Hatch (UT), James Inhofe (OK), Mike Johanns (NE), Ron Johnson (WI), Mike Lee (UT), Mitch McConnell (KY), Rand Paul (KY), Jim Risch (ID), Pat Roberts (KS), Marco Rubio (FL), Tim Scott (SC), Jeff Sessions (AL) and John Thune (SD).
The Senate rejected Republican-sponsored amendments to replace the bill with a scaled-back reauthorization and to eliminate a provision permitting Native American courts to try non-Native Americans accused of domestic abuse on tribal lands, which many Republicans say is unconstitutional because it would limit recourse for the accused in U.S. courts.
“Unfortunately, I could not support the final, entire legislation that contains new provisions that could have potentially adverse consequences,” Rubio said in a statement, voicing concerns with the makeup of funding for some of the VAWA programs. “Additionally, I have concerns regarding the conferring of criminal jurisdiction to some Indian tribal governments over all persons in Indian country, including non-Indians.”
The legislation also adopted an amendment by VAWA’s chief sponsor, Sen. Patrick Leahy (D-VT), providing law enforcement more tools to combat human trafficking (by a 93-5 vote), and another by Sen. Rob Portman (R-OH) to make sure child victims of sex trafficking are eligible to receive grant assistance (by a 100-0 vote).
VAWA expired in 2011 but has continued to receive funding through the appropriations process. Last authorized in 2005, law enforcement believes it needs to be streamlined. Last year the reauthroization fell prey to House Republican resistance to the expanded provisions. The broad, bipartisan passage of the reauthorization through the Senate now increases the pressure on House GOP leaders to act.
Republican leaders are again facing pressure from within their ranks to act. A letter sent Monday night and signed by 17 House GOP lawmakers nudges Speaker John Boehner (R-OH) and House Majority Leader Eric Cantor (R-VA) in the Senate’s direction, twice calling for a bipartisan bill. The House GOP’s version last year passed on a party-line vote.
“Now is the time to seek bipartisan compromise on the reauthorization of these programs. … We believe a bipartisan plan to reauthorize VAWA is more important than ever,” wrote Republican Reps. Rodney Davis (IL), Charlie Dent (PA), Rodney Frelinghuysen (NJ), Mike Fitzpatrick (PA), Jim Gerlach (PA), Chris Gibson (NY), Michael Grimm (NY), Richard Hanna (NY), David Joyce (OH), Leonard Lance (NJ), Frank LoBiondo (NJ), Patrick Meehan (PA), Shelly Moore-Capito (WV), Tom Reed (NY), Dave Reichert (WA), Jon Runyan (NJ) and Lee Terry (NE).
After the vote, Leahy and other key Democratic senators called on House Republicans to move speedily on the legislation. They said they’re proud to have held their ground on LGBT, immigrant and tribal provisions, saying all victims should be treated equally.
Although House Republicans dislike provisions covering LGBT and illegal-immigrant victims, their primary area of discomfort with the Senate bill is the tribal lands provision. Senior House GOP aides declined to comment, but top Republicans, led by Cantor, are leaning toward a middle path that provides legal recourse for those charged with domestic abuse in Native American courts by allowing them to appeal to U.S. courts.
Leahy declined to speculate on whether that compromise would be acceptable, saying the House should pass its legislation and the two chambers can then resolve their differences.
“[J]ust like last Congress, we all know it will take leadership from Speaker Boehner and Leader Cantor to move this bill forward,” Sen. Patty Murray (D-WA) told TPM. “The fate of VAWA still lies squarely on their shoulders and too many women have been left vulnerable while they have played politics.”
By: Sahil Kapur, Talking Points Memo, February 12, 2013
“Radical Views”: Republican Senators Who Think The Violence Against Women Act Is Unconstitutional
Since then-Delaware Senator Joe Biden first authored the law in 1994, the Violence Against Women Act (VAWA) has earned bipartisan praise for providing vital protections against domestic violence and assistance to victims. But of the eight Senators — all Republicans — who voted Monday against even considering VAWA renewal, at least four apparently did so because they believe the bill is unconstitutional.
Several of these senators have expressed similarly radical views about the constitutional role of the federal government in other contexts. Sen. Mike Lee’s (R-UT) claimed that national child labor laws, Social Security and Medicare violate the Tenth Amendment, for example; and Sen. Ted Cruz (R-TX) once led a Tenth Amendment project at a conservative think tank and co-authored a paper proposing an unconstitutional process to nullify the Affordable Care Act. The four senators who claim that the Violence Against Women Act is unconstitutional are:
1. Sen. Jim Risch (R-ID): In a statement, Risch explained: “It is at the state and local level where I believe enforcement and prosecution must remain. The federal government does not need to add another layer of bureaucracy to acts of violence that are being handled at the state and local level. In addition to my 10th Amendment concerns, this legislation raises additional constitutional questions regarding double jeopardy and due process. I opposed this legislation, however well intended it was, because it is another effort of the federal government extending its reach into the affairs of state and local jurisdictions.”
2. Sen. Rand Paul (R-KY): In a 2012 letter explaining his opposition to last year’s VAWA re-authorization attempt, Paul wrote: “Under our Constitution, states are given the responsibility for prosecution of those violent crimes. They don’t need Washington telling them how to provide services and prosecute criminals in these cases. Under the Constitution, states are responsible for enacting and enforcing criminal law. As written, S. 1925 muddles the lines between federal, state, local and tribal law enforcement.”
3. Sen. Mike Lee (R-UT): In 2012, Lee claimed VAWA “oversteps the Constitution’s rightful limits on federal power. Violent crimes are regulated and enforced almost exclusively by state governments. In fact, domestic violence is one of the few activities that the Supreme Court of the United States has specifically said Congress may not regulate under the Commerce Clause. As a matter of constitutional policy, Congress should not seek to impose rules and standards as conditions for federal funding in areas where the federal government lacks constitutional authority to regulate directly.”
4. Sen. Ted Cruz (R-TX): A Cruz spokeswoman told ThinkProgress: “For many years, Senator Cruz has worked in law enforcement, helping lead the fight to ensure that violent criminals—and especially sexual predators who target women and children—should face the very strictest punishment. However, stopping and punishing violent criminals is primarily a state responsibility, and the federal government does not need to be dictating state criminal law.” While the statement does not explicitly call VAWA unconstitutional, his previous comments leave little doubt that that is what he means.
These senators’ apparent belief that the federal government cannot constitutionally play a role in preventing violence against women is not even shared by most Republican members of Congress. 216 House Republicans agreed just last year that the Constitution does not prohibit a version of the Violence Against Women Act. The Supreme Court did strike down one piece of VAWA in 2000, but it left most of the law intact.
While the other four Senators who voted against the “motion to proceed” did not respond to a request for an explanation of their votes, Sen. Tim Scott (R) voted for the watered-down House version of VAWA last year and Sen. Marco Rubio (R-FL) claims he supports a scaled-back version of the legislation.
By: Josh Israel, Think Progress, February 2, 2013
“Crossing The Line”: Senate GOP Ponders Hagel Strategy
Former Sen. Chuck Hagel, President Obama’s nominee to become the Secretary of Defense, struggled during his confirmation hearing last week, but that’s hardly derailed his chances. Thus far, Hagel has not yet lost the support of any Senate Democrats, and over the weekend, he picked up the backing of a second Senate Republican, Nebraska’s Mike Johanns.
With this in mind, when Hagel’s nomination is brought to the floor for an up-or-down vote, there’s no real doubt that a majority of the Senate will vote to confirmation him. The question for Republicans, then, is whether to allow the up-or-down vote to happen.
Since Hagel appears to enjoy the support of most, if not all, Democrats, Republicans would have to filibuster his nomination — something that has never been done to a Cabinet nominee since the advent of the 60-vote threshold nearly four decades ago, according to Senate records.
Several Cabinet nominees have failed to win the backing of a majority of senators — and others have withdrawn their names before reaching the Senate floor — but a filibuster would mark a serious breach in the unwritten protocol that governs the Senate.
I’ve been digging around for two weeks, trying to find an example of a cabinet secretary facing a filibuster, and my research is in line with Roll Call‘s findings — it just hasn’t happened. Not only has no nominee ever been defeated by a filibuster, no nominee (since the cloture threshold was moved to 60 votes) has ever even faced a filibuster.
The closest example I could find was Ronald Reagan’s nomination of C. William Verity to serve as the Secretary of Commerce in 1987. At the time, Sen. Jesse Helms (R-N.C.) threatened to filibuster Reagan’s choice because Verity supported increased trade with the USSR. (Helms argued Verity supported “selling the Soviets the rope with which to hang the free world.”) But Helms eventually pulled back, dropped his threats, and the nominee was approved on an 84-11 vote.
In 2006, there was also a cloture vote on Dirk Kempthorne’s Interior nomination, but only eight Senate Democrats registered their opposition, there was no filibuster or attempt to block an up-or-down vote, and Kempthorne was confirmed with a voice vote.
So, in 2013, Republicans have to decide whether they’re prepared to break new ground.
From the Roll Call report:
No Republicans have said yet that they will demand Hagel clear that 60-vote hurdle, but the possibility has been bubbling below the surface in the Senate in recent days.
An aide to Senate Minority Whip John Cornyn of Texas, who has been among the most vocal opponents of Hagel’s nomination, said Feb. 1 that “all options are on the table.” […]
Top aides insist there is no discord among leaders, but statements made in the wake of Hagel’s highly scrutinized appearance before the Senate Armed Services Committee indicate there could be a difference in opinion. The consensus among leadership aides, however, is that if a filibuster is to happen, it likely would be staged by a junior member.
There is no formal head count on whether a filibuster would block Hagel or whether it would fail, but it would cross a line in the sand when it comes to Senate norms. And if you’re thinking it might reinvigorate the debate over reforming the institution’s filibuster rules, you’re not the only one.
By: Steve Benen, The Maddow Blog, February 4, 2013
“The Public Be Damned”: GOP Senators Threaten Obstruction Unless Consumer Protection Bureau Is Weakened
When the Dodd-Frank financial reform law first passed, Senate Republicans refused to confirm a director for the newly-created Consumer Financial Protection Bureau. They promised to block any nominee — regardless of that nominee’s qualifications for the job — unless the Bureau was weakened and made subservient to the same bank regulators who failed to prevent the 2008 financial crisis.
President Obama was thus forced to recess appoint Ohio Attorney General Richard Cordray to be the Bureau’s first director. Now that Obama has renewed Cordray’s nomination, the Senate GOP is again promising to block any nominee unless the Bureau is watered down:
In a letter sent to President Obama on Friday, 43 Republican senators committed to refusing approval of any nominee to head the consumer watchdog until the bureau underwent significant reform. Lawmakers signing on to the letter included Senate Minority Leader Mitch McConnell (R-Ky.) and Sen. Mike Crapo (R-Idaho), the ranking member of the Senate Banking Committee.
“The CFPB as created by the deeply flawed Dodd-Frank Act is one of the least accountable in Washington,” said McConnell. “Today’s letter reaffirms a commitment by 43 Senators to fix the poorly thought structure of this agency that has unprecedented reach and control over individual consumer decisions — but an unprecedented lack of oversight and accountability.” […]
In particular, Republicans want to see the top of the bureau changed so it is run by a bipartisan, five-member commission, as opposed to a lone director.
They also want to see the bureau’s funding fall under the control of congressional appropriators — it currently is funded via a revenue stream directly from the Federal Reserve.
Republicans want to implement a commission (instead of a lone director) and subject the CFPB to the appropriations process in order to stuff it full of appointees with no interest in regulating and starve it of funds. The other financial system regulators that have to go before Congress for their funds already don’t have the resources to implement Dodd-Frank, thanks the House GOP, leaving large swathes of it unfinished. There are also a host of other reasons that the CFPB needs to be both independently funded and have a strong, independent director.
The CFPB has done important work on behalf of consumers, winning wide praise from consumer advocates and the financial industry. Senate Republicans, meanwhile, have made it abundantly clear that they believe that blocking any and all nominees is an acceptable strategy.
By: Pat Garofalo, Think Progress, February 2, 2013
“The Poison Pill”: Immigration Reform, The Southwest Commission And A Path To Nowhere
As the pundits swoon over bipartisanship and Senate Republicans jump all over themselves to say that yes, they support the latest blueprint for comprehensive immigration reform, they seem to be mostly forgetting the teeny, tiny detail that can derail the whole thing—a pathway to citizenship that would depend upon:
… a commission of governors, law enforcement officials and community leaders from border states that would assess when border security measures had been completed.
And therein lies the rub. No one seems to agree on what kind of power this commission would have in determining when our borders are forevermore secure, thus opening up that elusive pathway to citizenship. Democratic senators say it would have an “advisory” role, while Republicans insist that:
[W]e have to make sure that the way this law is structured, [it] ensures — guarantees — that the enforcement things happen…. Yes. That’s absolutely one of the key standards I bring, it’s one of the key parts of our principles.
So which is it? No one seems to be sure, but the fact is, it can be the poison pill that kills any kind of immigration reform. If the only pathway to citizenship is getting an A-okay from a commission that will include Arizona’s bigoted Gov. Jan Brewer—champion of SB1070, the vile walking-while-brown law—then the legislation will be nothing but a fig leaf for Republicans heading into the 2014 elections, and every Democrat should oppose it.
Granted, any legislation is probably DOA once it hits the House anyway, because let’s face it, there are House Republicans who are two steps shy of requiring suspicious-looking brown people to sew a sombrero on their clothes. But do you think they would even consider anything less than a commission—that would include the nutcase who imagines headless corpses littering the desert—having the final say on when our borders are secure? No way.
The bottom line is, we don’t know—and Republicans certainly aren’t saying—exactly what power this commission would have. But they were certainly quick to disagree with their Democratic counterparts who said it would only have an advisory role. And without a real pathway to citizenship, any legislation masquerading as immigration reform would be meaningless.
By: Barbara Morrill, Daily Kos, January 29, 2013
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 