Tag: Mitch McConnell

Congressional Game of Chicken: Mitch and Harry, a Love Story

Cross posted from The Stars Hollow Gazette

It would seem by now that Majority Leader Harry Reid (D-NV) realized that the filibuster “gentleman’s agreement” with Minority Leader Mitch McConnell (R-KY) is as much of a farce as “bipartisanship.” Since Last January’s deal, the Republicans have filibuster two cabinet nominees, unprecedented in the past, blocked numerous judges and other nominees. Now a group led by Sen. Rand Paul, Mitch’s compatriot from the Blue Grass State, have threatened to filibuster a bill that hasn’t even been written.

Once again, Harry has tossed out another idle threat to fix the filibuster, this tilw by invoking the dreaded “nuclear option.” In an interview with Nevada Public Radio, Harry said that “he has not ruled out altering Senate rules to speed up Senate judicial nominations.”

“All within the sound of my voice, including my Democratic senators and the Republican senators who I serve with, should understand that we as a body have the power on any given day to change the rules with a simple majority, and I will do that if necessary,” Reid says. [..]

“I’m a very patient man. Last Congress and this Congress, we had the opportunity to make some big changes. We made changes, but the time will tell whether they’re big enough. I’m going to wait and build a case,” Reid says. “If the Republicans in the Senate don’t start approving some judges and don’t start helping get some of these nominations done, then we’re going to have to take more action.”

E.J. Dionne makes some very salient points in his Washington Post op-ed, where he asks is this the end of majority rule? He points out three facts first that universal background checks are overwhelming supported by Americans; second, “the Morning Joe/Marist poll last week showing 64 percent of Americans saying that job creation should be the top priority for elected officials.” Third, “only 33 percent said their focus should be on reducing the deficit.” Yet, congress has completely ignored these facts allowing the NRA and the minority deficit hawks of the far right to control what is debated in the House.

Dionne goes on to say:

In a well-functioning democracy, the vast majority of politicians – conservative, moderate and liberal – would dismiss such views as just plain kooky. But here is the problem: A substantial portion of the Republican Party’s core electorate is now influenced both by hatred of Obama and by the views of the ultra-right. Strange conspiracy theories are admitted to the mainstream conversation through the GOP’s back door – and amplified by another fight for market share among talk radio hosts and Fox News commentators.

That’s because the Republican Party is no longer a broad and diverse alliance but a creature of the right.[..]

And our Constitution combines with the way we draw congressional districts to over-represent conservatives in both houses. The 100-member Senate is based on two senators per state regardless of size. This gives rural states far more power than population-based representation would. The filibuster makes matters worse. It’s theoretically possible for 41 senators representing less than 11 percent of the population to block pretty much anything.

The American people deserve better than this. There should be at least on functioning segment of the government that represents the people, that needs to be the Senate.

Harry, drop the bomb. Go for the nuclear option. Let Mitch squeal how his party has been wronged and how the Democrats will pay. Take the soap box away from the likes of radical loons like Rand Paul and Ted Cruz. Then pass approve some judges and nominees, pass bills the right wingers will hate but Americans will love. Tell President Obama that there will be no Social Security or Medicare cuts in the budget passed by the Senate. Tell the president that there will be a stimulus package to create jobs, an end to subsidies for oil companies and banks, as well as, tax reform and revenue increases.

Stand up to the right wing so-called Democrats, like Max Baucus, Harry. End your destructive “love affair” with Mitch. End filibuster.

I have a dream. Harry Reid could make it a reality.

A Half Billion Dollar Tax Gift to BioTech Company

Cross posted from The Stars Hollow Gazette

Unbeknownst to most of the legislators and public, tucked very neatly in section 632 (pdf) of the “fiscal cliff” bill, was provision that gave the world’s largest biotechnology firm, Amgen, a drug maker that sells a variety of medications, a half billion dollar gift that allows the company to evade Medicare cost-cutting controls by delaying price restraints on a class of drugs used by kidney dialysis patients for two years. Meanwhile in December, Amgen had been fined  $762 million in civil and criminal penalties for illegal marketing of one of its other drugs. This pricing break would wipe out two thirds of those fines.

This undercover handout of taxpayer’s dollars during a so-called “fiscal crisis” was reported in depth by The New York Times investigative reporters, Eric Lipton and Kevin Sack, who also revealed the “architects” of this giveaway, Republican Minority Leader Mitch McConnell, Democratic Senator Max Baucus, chair of the Senate Finance Committee, and that committee’s ranking Republican, Orrin Hatch.

Amgen has deep financial and political ties to lawmakers like Senate Minority Leader Mitch McConnell, Republican of Kentucky, and Senators Max Baucus, Democrat of Montana, and Orrin G. Hatch, Republican of Utah, who hold heavy sway over Medicare payment policy as the leaders of the Finance Committee.

It also has worked hard to build close ties with the Obama administration, with its lobbyists showing up more than a dozen times since 2009 on logs of visits to the White House, although a company official said Saturday that it had not appealed to the administration during the debate over the fiscal legislation.

The measure flies in the face of attempts to curb the enormous expense of dialysis for the Medicare program by reversing incentives to over-prescribe medication. But that didn’t deter the “three amigos” from sneaking in the provision to their generous benefactor:

Amgen’s employees and political action committee have distributed nearly $5 million in contributions to political candidates and committees since 2007, including $67,750 to Mr. Baucus, the Finance Committee chairman, and $59,000 to Mr. Hatch, the committee’s ranking Republican. They gave an additional $73,000 to Mr. McConnell, some of it at a fund-raising event for him that it helped sponsor in December while the debate over the fiscal legislation was under way. More than $141,000 has also gone from Amgen employees to President Obama’s campaigns.

What distinguishes the company’s efforts in Washington is the diversity and intensity of its public policy campaigns. Amgen and its foundation have directed hundreds of thousands of dollars in charitable contributions to influential groups like the Congressional Black Caucus and to lesser-known groups like the Utah Families Foundation, which was founded by Mr. Hatch and brings the senator positive coverage in his state’s news media.

Amgen has sent large donations to Glacier PAC, sponsored by Mr. Baucus in Montana, and OrrinPAC, a political action committee controlled by Mr. Hatch in Utah.

Not surprisingly when the news of this giveaway hit the paper, it enraged a bipartisan group of legislators to repeal this section.

U.S. Rep. Peter Welch (D-Vt.) filed legislation this week to eliminate the exemption for a class of drugs, including Amgen’s Sensipar, that are used by kidney dialysis patients. [..]

“Amgen managed to get a $500-million paragraph in the fiscal-cliff bill and virtually no one in Congress was aware of it,” Welch said. “It’s a taxpayer ripoff and comes at a really bad time when we’re trying to control healthcare costs. Amgen should not be allowed to turn Medicare into a profit center.” [..]

Other co-sponsors of the bill seeking repeal include House Republican Richard Hanna of New York and two House Democrats, Jim Cooper of Tennessee and Bruce Braley of Iowa.

Rep. Welch sat down with Bill Moyers on Moyers & Company to discuss Amgen’s “sweetheart deal”



The transcript can be read here

“When there is this back room dealing that comes at enormous expense to taxpayers and enormous benefit to a private, well-connected, for-profit company, we’ve got to call it out,” Welch tells Bill. “Those members of Congress who are concerned about the institution, about our lack of credibility, about the necessity of us doing things that are in the public good as opposed to private gain, we’ve got to call it out.”

The Next Mythical Cliff: The Debt Ceiling

Cross posted from The Stars Hollow Gazette

The sequel to the the Bush/Obama tax debacle  is the unconstitutional debt ceiling. According to the 14th Amendment, the US has to pay its bills, even if the government has to borrow the money through bond sales. So the debt ceiling is another manufactured “cliff” that was created to curb spending which it didn’t, obviously, or we wounded be having another media side show staring the White House and the Congressional leadership. So get comfy and grab you favorite munchies as we watch the 99% get raked over the coals.

President Obama:

Obama Debt Ceiling Statement: Limit Increase Not Up For Debate After Fiscal Cliff Showdown

from Reuters

“While I will negotiate over many things, I will not have another debate with this Congress about whether or not they should pay the bills they have already racked up,” Obama said in remarks in the White House.

McConnell: Spending fight coming whether Obama ‘wants it or not’

by Alicia M. Cohn, The Hill

Senate Minority Leader Mitch McConnell (R-KY):

President Obama will get a fight over government spending with a hike to the debt limit “whether he wants it or not,” Senate Minority Leader Mitch McConnell (R-Ky.) wrote Thursday.

In an op-ed for Yahoo, McConnell wrote that Republicans would focus on reducing spending in the next Congress, and in conjunction with the debate over raising the $16.4 trillion debt ceiling. Congress will likely need to take action on the debt limit within the next two months.

“The president may not want to have a fight about government spending over the next few months, but it’s the fight he is going to have, because it’s a debate the country needs,” McConnell warned.

Speaker of the House John Boehner (R-OH)

Boehner tells GOP he’s through negotiating one-on-one with Obama

by Russel Berman, The Hill

Speaker John Boehner (R-Ohio) is signaling that at least one thing will change about his leadership during the 113th Congress: he’s telling Republicans he is done with private, one-on-one negotiations with President Obama.

and just to prove that the 113th Congress will bear little difference to the 112th

Let the games begin: Thunderdome

Congressional Game of Chicken: Fixing Filibuster, Part III

Cross posted from The Stars Hollow Gazette

Ready or not, here it comes, filibuster reform. Or so says Senate Majority Leader Harry Reid:

WASHINGTON — Keeping with his post-election pledge to reform the filibuster, Senate Majority Leader Harry Reid (D-Nev.) on Tuesday proffered that changes to the rules of the upper chamber will be made, leaving it up to Republicans if they would like to participate. [..]

“There are discussions going on now [over filibuster reform], but I want to tell everybody here. I’m happy I’ve had a number of Republicans come to me, a few Democrats,” Reid told reporters Tuesday at his weekly press availability. “We’re going to change the rules. We cannot continue in this way. I hope we can get something that the Republicans will work with us on.”

“But it won’t be a handshake,” he added. “We tried that last time. It didn’t work.” [..]

Senate Minority Leader Mitch McConnell, who has repeatedly slammed Democratic efforts to reform the filibuster, was unmoved by Reid’s statement.

“Well, there is growing Democratic unease with breaking the rules to change the rules,” McConnell said later Tuesday at his weekly press conference. “I think it will be very difficult for that to come about. I think it will be bad for the Senate.”

McConnell added that in accordance with Senate rules, such an effort would require a 67-vote majority, and that Reid’s approach to make the changes with a simple 51-vote majority — a procedure that has been labeled a “nuclear option” by its opponents — would be “bad for the institution, bad for the country.”

It’s only breaking the rules if the other side does it. Otherwise it is perfectly within the rules on the first day of the new congress.

Sal Gentile, a staff member for MSNBC’s Up with Chris Hayes, writes:

If President Obama wants to get anything done in his second term, Democrats in the Senate will have to overcome one major obstacle: the filibuster.

In the last four years, Republicans have used the filibuster to prevent landmark pieces of legislation-such as the DREAM Act, the Paycheck Fairness Act and additional measures to stimulate the economy-from even reaching the floor for debate, let alone a vote. Republicans have shattered previous records for filibuster use, and the share of bills introduced in the Senate that have been passed has reached an all-time low. [..]

The filibuster has mutated over the years from a quirk of the Senate rules and an obscure procedural instrument-known mostly for so-called “lone wolf” filibusters like the one from the iconic film Mr. Smith Goes to Washington – to a routine impediment to legislative progress, a bludgeon used by the Republican minority to quash virtually any attempt by Democrats to govern. [..]

The proposed changes, which have the strong backing of Senate Majority Leader Harry Reid and nearly 51 Democratic senators, are also broadly endorsed by a wide range of Constitutional scholars and the public at large. A new Huffington Post/YouGov poll released Friday found that 65% of Americans favor tweaking the rules to require senators to debate a bill on the floor if they wish to block it from proceeding.

Even the man responsible for enforcing and administering the rules of the Senate endorsed some of the changes. In an interview on Up w/ Chris Hayes Saturday, Alan Frumin, who served as the parliamentarian of the Senate for nearly two decades until he retired last year, said he supported changes that would forbid senators from filibustering bills before they reach the floor for debate. Frumin also said he favored changes that would bar senators from blocking bills once those bills have passed the Senate and are ready to move to a conference committee with the House. [..]

The filibuster is nowhere mentioned in the Constitution, and many of the Founders argued forcefully against proposals that would have required more than 51 votes to pass legislation in the Senate. In 1788, for example, James Madison, known as the ‘Father of the Constitution,” wrote in Federalist No. 58 that requiring a supermajority in the Senate would “reverse” the “fundamental principle of free government.” Such a policy would empower special interests and make government “oligarchic,” Madison said.

“An interested minority might take advantage of it to screen themselves from equitable sacrifices,” Madison wrote, rather prophetically. “Or, in particular emergencies, to extort unreasonable indulgences.

Sen. Jeff Merkley, D-Ore., a leading advocate of filibuster reform, joined Up host, Chris Hayes for a discussion on the prospects of filibuster reform in the Senate. Adding the views are panel guests Alan Frumin, former Senate Parliamentarian and author of  “Riddicks Senate Procedure;” Akhil Amar, Yale Law School professor and author of “America’s Unwritten Constitution: The Precedents and Principles We Live By;” Victoria DeFrancesco Soto, MSNBC contributor, senior analyst at Latino Decisions and fellow at the LBJ School of Public Affairs at the University of Texas-Austin; and Richard Arenberg, co-author of “Defending the Filibuster: The Soul of the Senate.”

Busting the Filibuster

Congressional Game of Chicken: Fixing Filibuster, Part II

Cross posted from The Stars Hollow Gazette

Jon Walker at FDL Action was pretty miffed at this editorial in the Los Angeles Times regarding filibuster reform, especially this really stupid paragraph:

One response would be to eliminate the filibuster altogether. As a Senate rule, it can be changed by the majority party, and Democrats could eliminate it (though, of course, Republicans would almost certainly filibuster such a move). That, however, would also do away with the filibuster’s legitimate and historic place. Rather than eliminating the rule, the better approach would be to amend it in such a way as to preserve the ability for minorities to fight against one-party steamrolling while scaling back the filibuster’s capacity for obstructing everything.

Yikes! This is not only stupid, as Jon said, but it is wrong about how the Senate rules can be changed. Rules changes can’t be filibustered. While making such a rule change in the Senate would normally require a 67-vote majority, but when the Senate comes back into session in January, Democrats could use a set of procedural rules often called the “nuclear option” and pass the changes with a simple 51-vote majority. That scares the pants off the Republicans and had Senate Minority Leader Mitch McConnell blustering and making:

The Kentucky Republican said changing the filibuster – which was designed to protect the minority but has become a tool for constant gridlock in the modern Senate – would fundamentally alter how the Senate operates.

McConnell accused Democrats of trying to employ a “naked power grab.”

“In the name of efficiency, their plan is to use a heavy-handed tactic that would poison party relations even more,” McConnell said in a lengthy floor speech Monday. “In the name of efficiency, they would prevent the very possibility of compromise and threaten to make the disputes of the past few years look like mere pillow fights.”

Sen. McConnell was exaggerating since no one, not even Majority Leader Harry Reid, who said he “favors” filibuster, has suggested eliminating it entirely. But who would expect anything less than hyperbole from a man whose party has set a record for filibusters with over 360 since the Democrats came into the majority. But not to be outdone by their fearless leader other Republican senators voiced their objections in strongly worded terms:

Republicans are threatening even greater retaliation if Reid uses a move rarely used by Senate majorities: changing the chamber’s precedent by 51 votes, rather than the usual 67 votes it takes to overhaul the rules.

“I think the backlash will be severe,” Sen. Tom Coburn (R-Okla.), the conservative firebrand, said sternly. “If you take away minority rights, which is what you’re doing because you’re an ineffective leader, you’ll destroy the place. And if you destroy the place, we’ll do what we have to do to fight back.”

“It will shut down the Senate,” the incoming Senate GOP whip, Texas Sen. John Cornyn, told POLITICO. “It’s such an abuse of power.”

I’m not exactly sure how they would accomplish a “shut down” if the tool they’ve been using to shut down the senate is taken away from them or changed so that they can no longer obstruct the business that the majority was elected to do. After all for six years the Republicans, with Dick Cheney George W. Bush in the Oval Office, used the threat of the “nuclear option” to end any Democratic attempt at filibuster. Now the shoe is on the other foot and suddenly ending filibuster will destroy democracy.

We’ve been down this road before:

With the obstruction of a very united minority, there has been a great deal of debate about the filibuster and the reform of Senate Rule 22. In a New York Times op-ed, Former Vice President Walter F. Mondale, recalls how in 1975 when he was a Senator, the Senate voted to reduce the number of votes required to end filibuster from 67 votes, a super majority, to the current 60 votes. Clearly, he states this was not enough. Filibuster threats and cloture votes blocked legislation nearly 100 times in the 111th Congress.

Mr. Mondale argues that essentially, these rules abrogate the Constitution which only requires a 67 vote majority for the approval of treaties, “in all other instances it must be assumed that the Constitution requires only a majority vote”. In other words, many of the Senate rules are unconstitutional and could be done away with on a simple majority procedural vote under Parliamentary rules. That was the “[nuclear option ” that was used as a threat by the Republicans to force the Democrats to capitulate when they were in the minority.

One more time from me:

I have said this a number of times, the filibuster as it is currently being used to obstruct the Senate is unconstitutional. The Constitution is the supreme law of the land and cannot be abrogated by the Senate merely making a rule. The Vice President presides over the Senate and has a duty to make rulings on order and procedure when the Senate is in session. The Constitution provides for “one-person-one-vote” and “majority rules”, there is no mention of “filibuster”.

It is amazingly simple:

  1. During debate, a Republican Senator engages in a standard obstruction tactic, such as a hold, actual filibuster, or proposing numerous, non-germane Amendments.

  2. The Vice President, as Presiding Officer, rules that Senator’s hold, filibuster or spurious amendments out of order.

  3. The Senator who holds the floor, and had attempted the hold (filibuster, or amendments), could then appeal the decision of the Presiding Officer to the Senate as a whole.

  4. A simple majority (51) can then vote to uphold the ruling of the Presiding Officer that the hold (filibuster or amendments) were out of order.

 

This mechanism is not without precedent:

In 1975 the filibuster issue was revived by post-Watergate Democrats frustrated in their efforts to enact popular reform legislation like campaign finance laws. Senator James Allen of Alabama, the most conservative Democrat in the Senate and a skillful parliamentary player, blocked them with a series of filibusters. Liberals were fed up with his delaying tactics. Senator Walter Mondale pushed a campaign to reduce the threshold from sixty-seven votes to a simple majority of fifty-one. In a parliamentary sleight of hand, the liberals broke Allen’s filibuster by a majority vote, thus evading the sixty-seven-vote rule. (Senate rules say you can’t change the rules without a cloture vote, but the Constitution says the Senate sets its own rules. As a practical matter, that means the majority can prevail whenever it decides to force the issue.) In 1975 the presiding officer during the debate, Vice President Rockefeller, first ruled with the liberals on a motion to declare Senator Allen out of order. When Allen appealed the “ruling of the chair” to the full Senate, the majority voted him down. Nervous Senate leaders, aware they were losing the precedent, offered a compromise. Henceforth, the cloture rule would require only sixty votes to stop a filibuster.

And what Jon said:

There is no legitimate reason for allowing the minority, the party which lost the recent election, to have a veto in the Senate. The founders never intended a Senate minority to have such awesome power over basic legislation. The Constitutions clear stated the few  very important issues that should require a super majority in the chamber, everything else was intended to be a simple majority vote.

The idea that without a filibuster a majority in the Senate is going to steamroll are system is laughable. A senate majority is already checked and balanced by the House, the President and the judiciary. If a party does manage to dominates multiple elections allowing them to full control, they should be able to enact the agenda they run on. That is how democracy are suppose to work.

The US Senate has always been the slow deliberative body, it was not the intent of the Founders that it become bogged down to a halt by the minority misusing a rule that is probably not even constitutional in the first place. Sen. Reid was far too trusting of the duplicitous Republican leadership at the start of the 112th congress when he accepted their “gentlemen’s agreement”, shutting down the reform proposed by Sens. Tom Udall (D-NM) and Jeff Merkley (D-OR). The Republicans are not to be trusted.

I’m with Jon. It’s time the Senate ended the obstruction and put an end to Rule 22 altogether. Neither the Senate or the world will end and our elected officials will get back to governing.

Congressional Game of Chicken: Deficit Deal Post Mortem

Cross posted from The Stars Hollow Gazette

On the PBS News Hour, Nobel Prize winning economist, Paul Krugman and Martin Feldstein, a professor of economy at Harvard University and former chair of Reagan’s Council of Economic Advisers, discussed the failure of the Deficit Super Committee (click here for the transcript) :

What stands out is what was not mentioned by either Krugman or Feldstein, the Bush tax cuts, which the Republicans insisted be made permanent in exchange for any tax revenues no matter how meager. In the light of the Republican objection to an extension of the 2% payroll tax cut because of the $250 billion dollar per year cost, it is laughable in the face of the fact that just extending the tax cuts another 10 years would cost $5.4 trillion in revenue losses., four times as much as the payroll tax cuts. But not a peep from either man or the interviewer.

Krugman was correct in stating that the Democrats were far too generous and, as John Aravosis has pointed out in the past, they are lousy negotiators, always starting from their bottom line. However, Dana Milbank in his the Washington Post opinion makes clear that this committee was doomed from the start by the mere presence of one man, Sen. Jon Kyl (R-AZ), an immovable object when it comes to tax increases, “doing Norquist’s bidding in killing any notion of higher taxes”:

The sabotage began on the very first day the supercommittee met. While other members from both parties spoke optimistically about the need to put everything on the table, Kyl gave a gloomy opening statement. “I think a dose of realism is called for here,” he said. That same day, he went to a luncheon organized by conservative think tanks and threatened to walk (“I’m off the committee”) if there were further defense cuts.

When Democrats floated their proposal combining tax increases and spending cuts, Kyl rejected it out of hand, citing Republicans’ pledge to activist Grover Norquist not to raise taxes. Kyl’s constant invocation of the Norquist pledge provoked Senate Majority Leader Harry Reid (D-Nev.) to snap at Kyl during a private meeting: “What is this, high school?” [..]

Norquist, who worked to defeat a compromise, brags about his control over Kyl. When Kyl made remarks in May that appeared to leave open the possibility of tax increases, Norquist called Kyl and adopted “the tone of a teacher scolding a second grader as he recalled the conversation,” Politico reported. Norquist boasted to the publication that, after he upbraided Kyl, the senator “went down on the floor and he gave a colloquy about how we’re against any tax increases of any sort. Boom!”

It is fairly obvious that the Senate Republicans under the leadership of Sen. Mitch McConnell and Norqist’s Svengali-like control, are willing to risk the stabilization of the economy and kill any job creation bills to defeat President Obama and gain control of both houses. As Aravosis points out in his article today the best that Feldstein could do was blame both parties equally. Perhaps over the next year, the Democrats and President Obama should continue to put forth really bold bills, bolder than the President’s last job proposal, to further demonstrate the intransigence of the Republicans. It might go a long way to shed the image that Democrats are the party of capitulation.  

Did Reid Just Use The “Nuclear Option”?

Cross posted from The Stars Hollow Gazette

It sounded like Senate Majority Leader did just that last week in getting a vote that overrule the Senate parliamentarian’s decision. And while it didn’t end filibuster, it did leave the door open for its eventual demise. This is what took place this evening as initially reported by The Hill:

Reid and 50 members of his caucus voted to change Senate rules unilaterally to prevent Republicans from forcing votes on uncomfortable amendments after the chamber has voted to move to final passage of a bill.

Reid’s coup passed by a vote of 51-48, leaving Senate Republican Leader Mitch McConnell (R-Ky.) fuming.

The surprise move stunned Republicans, who did not expect Reid to bring heavy artillery to what had been a humdrum knife fight over amendments to China currency legislation.

As Ryan Grim and Michael McAuliff at Huffington Post point out, Harry Reid Busts Up Senate Precedent

McConnell moved to suspend the rules and shift debate over to the American Jobs Act. Reid argued that doing so amounted to another filibuster, because it required 60 votes to move back to the original bill, and so therefore was out of order. Sen. Mark Begich (D-Alaska), who happened to be the presiding officer at the time, asked the Senate parliamentarian what he thought. The parliamentarian advised Begich that McConnell’s motion was in order.

Reid then appealed the ruling, following a script that advocates of ending the filibuster wrote long ago. What some senators call the “constitutional option,” and what others call the “nuclear option,” involves as a first step appealing a ruling that a filibuster is in order. The second step is to defeat a motion to table that appeal, which is exactly what happened next, with all but one Democrat sticking with Reid.

{}

With the chair overruled, McConnell’s motion was declared out of order, setting a narrow precedent that motions to suspend the rules are out of order during a post-cloture period.

But it also set a more important precedent. The advice of the parliamentarian is considered sacrosanct in the Senate. Reid’s decision to overrule him opens a gate to similar efforts that could also be done by majority vote.

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Reid’s move Thursday, in that context, is less abusive of Senate precedent than it first appears. The current rules create a situation in which two 60-vote thresholds must be met before a bill can pass, the first to end debate and the second to move to final passage. McConnell’s move to suspend the rules could have created additional 60-vote hurdles, clearly in violation of the spirit of the post-cloture period, which is intended to be a short stretch until moving to final passage.

David Waldman st Daily Kos came to this conclusion:

(T)he discussion on the floor has in fact wandered into rules reform territory, which is not altogether unfitting. If this really were the nuclear option, that would of course mean that the infamous “Gentleman’s agreement” was now inoperative, since part of that deal was that neither party would use the “constitutional option” (which would under most definitions encompass the slightly different “nuclear option” as well) in this Congress or the next. Do Republicans really want that door open? We can do that, I guess. But we might as well go all the way, then.

We’ll just have to see how much more frustrated Reid gets with the Republicans blocking everything. This may have some two years too late.

Up Date: The jobs bill failed to get enough votes to pass cloture. Looks like Harry still hasn’t found his last nerve with Republican obstruction.  

Congressional Game of Chicken: Taking More Hostages

Cross posted from The Stars Hollow Gazette

The House of Representatives raised the debt ceiling by a vote of 269 to 161 and the bill moved to the Senate where it was expected to pass by unanimous consent passed by a vote of 72 – 26 and was signed into law by President Obama this afternoon. Besides raising the debt ceiling enough so that it won’t have to be considered again until 2013, well after the election, the bill contains budget cuts that will total over $2 trillion, part immediately, the rest over 10 years.  The bill was called “a sugar coated satan’s sandwich” by Rep. Emanuel Cleaver (D-MO), chairman of the Congressional Black Caucus due to the rest of the bill’s proposals. House Speaker John Boehner spoke with the press gleefully stating that he got 98% of what he wanted. On the other side of the Capitol building, Senate Minority leader Mitch McConnell warning that there is more use of raw extortion as a negotiating tactic in the future:

: It set the template for the future. In the future, Neil, no president – in the near future, maybe in the distant future – is going to be able to get the debt ceiling increased without a re-ignition of the same discussion of how do we cut spending and get America headed in the right direction. I expect the next president, whoever that is, is going to be asking us to raise the debt ceiling again in 2013, so we’ll be doing it all over.

The bill includes the creation of an equally split “super committee” that abrogates the right of congressional parliamentary prerogatives to debate or amend bills that arise from any agreement and if there is no agreement on cuts, then automatic across the board cuts that include Medicare and military spending. Keith Olbermann’s Special Comment eviscerates the bill’s flaws and the consequences.

Transcript:

I close, as promised, with a Special Comment on the debt deal.

Our government has now given up the concept of right and wrong.

We have, in this deal, declared that we hold these truths to be self-evident: that all political incumbents are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Re-nomination, re-election, and the pursuit of hypocrisy.

We have, in this deal, gone from the Four Freedoms to the Four Great Hypocrisies.

We have superceded Congress to facilitate 750 billion dollars in domestic cuts including Medicare in order to end an artificially-induced political hostage crisis over debt, originating from the bills run up by a Republican president who funneled billions of taxpayer dollars to the military-industrial complex by unfunded, unnecessary, and unproductive wars, enabled in doing so by the very same Republican leaders who now cry for balanced budgets – and we have called it compromise. And those who defend it have called it a credit to a pragmatic president who wins some sort of political “points” because, having stood for almost nothing here, he gave away almost nothing for which he stood.

It would be comical if it were not tragic.

Either way, it is a signal moment in our history, in which both parties have agreed and codified that the political structure of this nation shall now based entirely on hypocrisy and political self-perpetuation.

Let us start with the first of the Great Hypocrisies: The Committee. The Republican dogs can run back to their corporate masters and say they have forced one-and-one-half trillion dollars in cuts and palmed off the responsibility for them on this nonsensical “Super Congress” committee.

For two-and-a-half brutal years we have listened to these Tea Party mountebanks screech about the Constitution of the United States as if it were the revealed word and not the product of other – albeit far better – politicians. They demand the repeal of Amendments they don’t like, and the strict interpretation of the ones they do, and the specific citation of authorization within the Constitution for every proposed act or expenditure or legislation.

Except this one.

Where does it say in the Constitution that the two houses of Congress can, in effect, create a third house to do its dirty work for it; to sacrifice a few Congressmen and Senators so the vast majority of incumbents can tell the voters they had nothing to do with this?

This leads to the second of the Great Hypocrisies: how, in the same breath, the Republicans can create an extra-Constitutional “Super Congress” and yet also demand a Constitutional Amendment to force the economic stupidity that would be a mandated balanced budget. Firstly: pick a side! Ignore the Constitution or adhere to it.

Firstly, pick a side, ignore the constitution or adhere to it. And of what value would this Mandated Balanced Budget be? Our own history proves that at a time of economic crisis, if the businesses aren’t spending, and the consumers aren’t spending, the government must. Our ancestors were the lab rats in the horrible experiments of the Hoover Administration that brought on the Great Depression, in which the government curled up into a ball while it simultaneously insisted the economy should heal itself, when, in times of crisis – then and now – the economy turns out to be comprised entirely of a bunch of rich people who will sit on their money no matter if the country starves.

Forgotten in the Republican Voodoo dance, dressed in the skins of the mythical Balanced Budget, triumphant over the severed head of short-term retrenchment that they can hold up to their moronic followers, are the long-term implications of the mandated Balanced Budget.

What happens if there’s ever another… war?

Or another… terrorist attack?

Or another… naturaldisaster?

Or any other emergency that requires A government to spend a dollar morethan it has? A Constitutional Amendment denying us the right to run a deficit, is madness, and it will be tested by catastrophe sooner than any of its authors with their under-developed imaginations that can count only contributions and votes, can contemplate.

And the third of the Great Hypocrisies is hidden inside the shell game that is the Super Congress. TheSuper Congress is supposed to cut evenly from domestic and defense spending, but if it cannot agree on those cuts, or Congress will not endorse them, there will be a “trigger” that automatically cuts a trillion-two or more – but those cuts will not necessarily come evenly from the Pentagon. We are presented with an agreement that seems to guarantee the gutting of every local sacred cow from the Defense Department. Except if the Congressmen and Senators to whom the cows are sacred, disagree, and overrule, or sabotage the Super Congress, or, except if for some reason a 12-member Committee split evenly along party lines can’t manage to avoid finishing every damned vote 6-to-6.

We’re cutting Defense. Unless we’re not.

The fourth of the Great Hypocrisies is the evident agreement to not add any revenues to the process of cutting. Not only is the impetus to make human budget sacrifices out of thepoor and dependent formalized… but the rich and the corporations are thus indemnified, again, and given more money not merely to spend on themselves and their own luxuries, but more vitally, they are given more money to spend on buying politicians, and legislatures, and courts, buying entire states, all of which can be directed like so many weapons, in the service of one cause and one cause alone: making bystatute and ruling, the further protection of the wealthy at the expense ofeverybody else, untouchable, inviolable – permanent.

The White House today boasted of loopholes to be closed and tax breaks to be rescinded — later.

By a committee.

A committee that has yet to be formed.

There are no new taxes. Except the stealth ones, enacted on 99 out of 100 Americans by this evil transaction. Every dollar cut from the Safety Net is another dollar added to the citizen’s cost for education, for security, for health, for life itself. It is another dollar he can’t spend on making a better life for himself, or atleast his children. It is another dollar he must spend instead on simply keeping himself alive.

Where is the outrage over these Great Hypocrisies? Do you expect it to come from a corrupt and corrupted media, for whom access is of greater importance than criticizing the failure of a political party or defending those who don’t buy newspapers or can’t leapwebsite paywalls or could not afford cable tv?

Do you expect it to comefrom a cynical and manipulative political structure? Do you expect it from those elected officials who no longer know anything of government or governance, but only perceive how to get elected, or how to pose in front of a camera and pretend to be leaders? Do you expect it from politicians themselves, who will merely calculate whether or not it’s right based on whether or not it will get them more contributions?

Do you expect it will come from the great middle ground of this country, with a population obsessed with entertainment, video games, socialmedia, sports, and trivia?

Where is the outrage to come from?

From you!

It will do no good to wait for the politicians to suddenly atone for their sins. They are too busy trying to keep their jobs, to do their jobs.

It will do no good to wait for the media to suddenly remember its origins as the ‘free press,’ the watchdog of democracy envisioned by Jefferson. They are too busy trying to get exclusive DETAILS about exactly how the bankrobbers emptied the public’s pockets, to give a damn about telling anybody what they looked like, or which way they went.

It will do no good to wait for the apolitical public to get a clue. They can’t hear the clue through all the chatter and scandal and diversion and delusion and illusion.

The betrayal of what this nation is supposed to be about did not begin with this deal and it surely will not end with this deal. There is a tide pushing back the rights of each of us, and it has been artificially induced by union-bashing and the sowing ofhatreds and fears, and now this ever-more-institutionalized economic battering of the average American. It will continue, and it will crush us, because those who created it are organized and unified and hell-bent.

And the only response is to be organized and unified and hell-bent in return. We must find again the energy and the purpose of the 1960’s and early 1970’s and we must protest this deal and all the God damn deals to come, in the streets. We must arise, non-violently but insistently. General strikes, boycotts, protests, sit-ins, non-cooperation take-overs – but modern versions of that resistance, facilitated and amplified, by a weapon our predecessors did not have: the glory that is instantaneous communication.

It is from an old and almost clichéd motion picture that the wisdom comes: First, you’ve got to get mad.

I cannot say to you, meethere or there at this hour or that one, and we will peacefully break the back of government that now exists merely to get its functionaries re-elected. But I can say that the time is coming when the window for us to restore the control of our government to our selves will close, and we had damn well better act before then.

Because this deal is more than a tipping point in which the government goes from defending the safety net to gutting it. This is wrong, and while our government has now declared that it has given up the concept of right-and-wrong, you and I… have not, and will not, do so.

Good night, and good luck.

Healthcare: A Blast From the Past

December 7, 1964  from a newspaper in the national archives

Says Medicare Bill Will Be Passed

Newark – Speaking at a meeting of the New Jersey Association of Health Underwriters at the Military Park Hotel here Friday, Joseph J. Sear, president and chairman of the board of the Progressive Life Insurance Company of Red Bank, said the outcome of the recent election makes it virtually certain that the 89th Congress, meeting in January, will pass a Medicare bill, and that it will be signed by the President.

“We, in the accident and health insurance business,” he said, “should have no fears that the passage of such a bill will hurt our business unless it becomes the opening wedge for a socialized medicine program such as in Great Britain, which includes everyone from cradle to the grave. The bill before Congress is generally restricted to providing medical aid for persons 65 years of age and older under the Social Security Program, and we are still insuring primarily persons below the age of 65.

“Since I last spoke to you 13 years ago, (note: 1951) the people cared for by hospital expense policies increased from $85 million to $145 million and the people cared for by medical expense policies increased from $28 million to $102 million, and the trend is still upward.”

Forty Six Years Later

March 23, 2010. Patient Protection and Affordable Care Act (PPACA), aka Dole/Nixon/RomneyObamaCare, signed into law by “Democratic” President.   2009 Bill passed by Senate still lacks universal coverage and the option of purchasing government insurance, but contains universally loathed tax mandate and excise tax pushed by “Democratic” Senator from Massachusetts and WH “Economist” consultant from MIT.  Bill not designed to add more Medicaid coverage until 2014.   http://en.wikipedia.org/wiki/P…

September 17, 2010. Number of uninsured Americans now rises to 50.7 million, or 1 out of 6, or 16%.   Workers now paying 47% more for family health insurance coverage than in 2005, while employers pay 20% more.

http://www.usatoday.com/news/n…

January 3, 2011 New Republican Majority leader Eric Cantor introduces bill to rules committee called “Repealing the Job Killing Health Care Law Act”   “Effective as of the enactment of Public Law 111- 148, such act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such act had not been enacted.”

pdf download text here: http://rules-republicans.house…

January 4, 2011  from Kaiser Health News-

House Republicans have scheduled a Jan. 12 vote to repeal the health care law. While the measure is expected to pass the House, Democrats in the Senate have pledged to stop the bill.

http://www.kaiserhealthnews.or…

January 5, 2011 Shuffle the Deck Chairs on the Titanic


The Office of Consumer Information and Insurance Oversight, created just after the law passed, is about to be folded into the federal Medicare agency, signaling a major organizational shift just months after the office was created, administration officials said.

In addition, Michael Hash, who has been serving as a top White House health adviser, has taken the reins of the Office of Health Reform at the Department of Health and Human Services. Hash succeeds Jeanne Lambrew,  who has been director of the office since May 2009 and has played a central role on the health law. Lambrew, a former aide to President Bill Clinton, will stay on at HHS as an adviser to Secretary Kathleen Sebelius.

The insurance oversight office was headed by Jay Angoff, who battled with insurance companies both as a Missouri official and a class-action litigator. He’ll become a senior adviser to Sebelius.

The office will become part of the Centers for Medicare and Medicaid Services, and will be managed by Marilyn Tavenner, deputy administrator of CMS.

http://www.kaiserhealthnews.or…

January 5, 2011.   Blue Shield of CA seeks rate increases of up to 59% for customers by March 1st. They blame costs of hospitals

http://www.latimes.com/health/…

Hospitals treat the un insured when their health descends into the most expensive crisis mode,  and pass the markup, make it up prices along to the insured, while charging the uninsured the highest rates, so they can still have their debts “sold.”

And nothing has changed the basic dynamic of leaving a portion of the population uncovered to act as a price lever on the rest.

Nothing.

A million and a half people filed for bankruptcy last year.  The leading cause is uncontrolled medical debt.

Blue Shield spent $16 million on federal lobbyists in 2010.  The top recipient was “Democrat” There Will Be No Public Option Blanche, the former Sen. Lincoln of Arkansas.  Eric Cantor got $22,500.

http://www.opensecrets.org/org…

They have a PAC, too, for their executives to use.

http://www.campaignmoney.com/p…

There’s more – each of those executives will be making other, individual donations.

But in CA, the real action is at the state level.  How they loved Schwarzenegger, the ex governator.  And the Republicans. And the Democrats.  Last year’s money bomb:

http://cal-access.ss.ca.gov/Ca…

http://cal-access.ss.ca.gov/Ca…

most complete list of donations in 2009 – 2010 election cycle:

http://cal-access.ss.ca.gov/Ca…

Poor Jerry Brown only got $2,500 out of all of that ?  

 

Souls of Pigs and Wolves in the Bodies of Men

Bosch2

Glenn Beck now proclaims the decline and fall of America on exactly the same trajectory as the early Roman Empire, but he missed the most salient parallel.

BCMB2

Souls of pigs and wolves in the bodies of men.

 

   

Olbermann Removes the SMALL {Attention Spans} from “Small Business”

The main GOTP argument for keeping the Bush Tax Cuts in place for the Top 2% — pivots on how it will “hurt Small Businesses” if we don’t.

This simple slogan, fails to take into account one VERY SMALL stat.

[Mitch McConnell] says President Barack Obama’s plan to limit future tax breaks to couples earning less than $250,000 would subject 50 percent of small business income to a tax increase, stalling the job creation engine.

[…]

McConnell’s 50-%-of-income figure is based on a July 12 finding by the Joint Committee on Taxation, … that 1/2 of about $1 trillion of business income in 2011 will be reported on some 750,000 personal tax returns filed by people who pay the top marginal rates.

He calls those small businesses. Yet the report says the data “do not imply that all of the income is from entities that might be considered ‘small.’ ” Almost 20,000 of those businesses, for example, had receipts of more than $50 million, it says.

Would Ending Bush’s Tax Cuts Hurt Small Business?

Ryan J Donmoyer, BusinessWeek – 09/23/10

Behold the GOTP — Defenders of the $50 Million-aires!

It Would Also Make California a Laughingstock

 

http://www.latimes.com/news/op…

By Arnold Schwarzenegger

September 24, 2010

Los Angeles Times

It would also make California a laughing stock.

Governor Smokenator,Just Say Now,Yes on 19

But you already did that.

Republican Governor of CA, Arnold Schwarzenegger Smoking Pot

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