Senate obstructionism

  • May 15, 2012

    by Jeremy Leaming

    Obstructionism in Congress, as Thomas E. Mann and Norman J. Ornstein argue in their new book, is largely, if not solely, born by Republicans. The obstructionism, which has, among other things, kept the number of vacancies on the federal bench consistently high, is finally prompting Senate Majority Leader Harry Reid to rethink his opposition to reforming the filibuster, which has been the primary tool for Republican obstructionism in the Senate.

    The public interest group, Common Cause, has also gotten into the act by lodging a federal lawsuit against that the filibuster, which conservatives in the Senate have used in an unprecedented manner, helping to create a Congress where not much is accomplished. (The Tea Party and the nation’s super wealthy, of course, like it this way. Economic policy continues to exacerbate economic inequality and brain-addled Tea Party leaders believe the Constitution established a weak central government, though in reality they just long for the Articles of Confederation, which really did establish a weak central power.)

    Writing about the lawsuit for the Common Cause blog, Common Blog, Bob Edgar, the group’s president and CEO, who served 12 years in Congress, claims “ideological purists” in both parties have learned how to wield the filibuster to “pretty much shut the place down.” The filibuster he maintains is supposed to extend debate, not stop it.

    “Here’s how the obstructionists work,” he writes. “To begin debate on a bill, senators must first adopt a ‘motion to proceed.’ But debate on that motion, as on most everything else that comes before the Senate is unlimited unless at least 60 senators vote to end it. That means a minority of as few as 41 can block any action simply by refusing to permit a vote on the motion to proceed.”

    The group, representing members of Congress and children of undocumented immigrants who would have benefited from enactment of the DREAM Act, says the Constitution intends for the filibuster’s use in specific circumstances.

    Attorney Emmet J. Boundurant and Common Cause Staff Counsel Stephen Spaulding prepared and lodged the lawsuit. The Washington Post’s Ezra Klein in a blog post about the constitutionality of the filibuster cites a 2011 article in which Boundurant explains his constitutional case against the filibuster. Klein also provides historical context for the filibuster, calling it a mistake. Klein cites Federalist Papers by Alexander Hamilton and James Madison containing arguments against the use of a supermajority.  

  • May 8, 2012

    by Jeremy Leaming

    His colleagues did not want to hear it, but the House Judiciary Committee’s Ranking Member Rep. John Conyers Jr. (D-Mich.) blasted the Republican’s reauthorization of the Violence Against Women Act as wholly inadequate and a “flat-out attack on women,” as The Huffington Post’s Laura Bassett reports.

    Bassett writes that Conyers’ comment sparked “audible sighs and one ‘Come on!’" from Republicans on the panel. Conyers, however, was reacting to the House version, which strays remarkably from the one the Senate passed in late April. The Senate’s reauthorization bill approved despite Republican opposition includes extensions of services to low-income victims of domestic violence, to undocumented immigrants, as well as more help for Native American women and lesbians, gay men, bisexuals, and transgender victims of domestic abuse. The House version, H.R. 4970, does not include those extensions of services.

    In statement from House Judiciary Committee Democrats, the measure is described as rolling back “important protections for immigrant victims – putting them in a worse position than under the current law, and excludes other vulnerable populations such as tribal women, college students experiencing abuse …. In short, this legislation seeks to fight domestic violence, but only if the sponsors agree with the race, immigration status, sexual orientation, or gender identity of the victims.”

    Those extensions spurred Republican opposition in the Senate, causing the reauthorization to languish for months. VAWA was passed in 1994 with strong bipartisan support and reauthorized twice since then. But this time around, conservative lawmakers have chaffed at extending services to more people. The obstructionism caught the attention of The New York Times, which said in a February editorial that the opposition was “drive largely by an antigay, anti-immigrant agenda.”

    During the Senate’s struggle to pass VAWA, Sen. Dianne Feinstein (D-Calif.) told The Times that the opposition was part of an overarching effort “to cut back on the rights and services to women.”

  • May 4, 2012

    by Jeremy Leaming

    Slowly the economy continues to recover, with jobs being added over the past 26 months, but that progress is amazing in an atmosphere where one of the two major political parties is concerned only with advancing the outlandish interests of the nation’s super wealthy.

    The Great Recession, underway before the Obama administration was in existence, has shoved millions into poverty and the gap between the nation’s top 1 percent and everyone else is the widest since the 1920s. Last fall, the Census Bureau reported that the number of people in poverty is at its highest in more than 50 years. As noted earlier this week the super wealthy are increasingly out-of-touch, indeed one retired multimillionaire is pushing a book that calls for more economic inequality.

    But how did the country arrive at this point where the middle class is shrinking, the poor is growing and a tiny group of people are amassing most of the wealth? Because, according to some, the nation’s conservative party has been bought by the out-of-touch super wealthy.

    The mainstream media, in the name of objectivity, will continue to blame both parties for gridlock in Washington, but a growing number of economists, academics, lawyers, activists, and others concerned about the well-being of all people are pushing back against that tired line.

    Thomas E. Mann and Norman J. Ornstein, who have studied Congress for several decades, say the Republican Party is to blame for pushing fantastical policy and refusing to budge from it, therefore creating an atmosphere where progress or change is difficult to foster.

    “The GOP has become an insurgent outlier in American politics, Mann and Ornstein write for The Washington Post. “It is ideologically extreme; scornful of compromise; unmoved by conventional understanding of facts, evidence and science; and dismissive of the legitimacy of its political opposition.”

    One of the group’s to blame for the Republican Party’s unmovable concern about the nation’s super wealthy is Grover Norquist’s Americans for Tax Reform, which pushes conservative lawmakers to sign a pledge against raising any taxes. Norquist (pictured) is all about policy that starves the federal government of revenues, so policies to help the less fortunate dwindle, because those are not the people Norquist or the Republican Party are concerned with.

    In his May 4 column for The New York Times, economist Paul Krugman notes the work of Mann and Ornstein, writing, “Specifically money buys power, and the increasing wealth of a tiny minority has effectively bought the allegiance of one of our two major political parties, in the process destroying any prospect for cooperation.”

    “And the takeover of half our political spectrum by the 0.01 percent is, I’d argue, also responsible for the degradation of our economic discourse, which has made any sensible discussion of what we should doing impossible,” Krugman continued.

    In a piece last year for Rolling Stone Tim Dickinson, said the party of Ronald Reagan has “undergone a radical transformation, reorganizing itself around a grotesque proposition: that the wealthy should grow wealthier still, whatever the consequences for the rest of us.”

  • April 26, 2012

    by Jeremy Leaming

    In 1994 federal lawmakers on both sides of the aisle banded together to advance legislation aimed at tackling the prevalence of domestic and sexual violence. It was and remains a noble goal. Indeed it represented one of the more communitarian pieces of legislation of the time. The nation it seemed, even if fleeting, to be concerned about bettering the quality of lives of some of the nation’s most vulnerable, as opposed to catering solely to the nation’s wealthiest and most powerful.

    Today reauthorization of the bipartisan Violence Against Women Act (VAWA), as noted on this blog, is mired in mindless obstructionism. The reauthorization measure was approved by the Senate Judiciary Committee in February, and finally passed the Senate today on a 68-31 vote. But House Republicans are itching to keep obstructionism alive, promising their own reauthorization measure.

    Though the Justice Department has reported a decline in domestic violence, a 2011 National Census of Domestic Violence Services revealed that more than 67,000 victims of domestic violence received federal help in a single day.

    Moreover since enactment of the VAWA it has become apparent that services need to be extended, such as free legal services to victims, authority for Native American officials to respond to abuse of Indian women by those not covered by Indian jurisdiction, more help to undocumented people who are victims of domestic violence, and to gay, lesbian, bisexual and transgender victims of domestic violence.  

    It is this effort to help more people that spurred opposition. Sen. Charles Grassley (R-Iowa) complained about the reauthorization measure’s additional services. Sen. Jeff Sessions (R-Ala.) said the bill’s efforts to expand the reach of domestic violence programs were meant to “invite opposition.”

    Right-wing lobbying groups have also ramped up opposition to reauthorization. The Family Research Council’s Tony Perkins said the VAWA reauthorization bill “does real violence to the budget and individual freedom.

    Sen. Mike Lee (R-Utah), a Tea Party favorite, took to the Senate floor to declare that he was not voting against helping victims of domestic violence. He said he was voting against “big government and inefficient spending ….”

    Sen. Patrick Leahy, who introduced the reauthorization measure with Michael Crapo (R-Idaho), lauded today’s Senate vote, and said he hoped the House “will soon consider this legislation ….”

    But The Associated Press reported recently that a group of Republicans in the House is working to create a different reauthorization bill. It would likely strip the Senate’s efforts to help undocumented immigrants, Native Americans, and gays, lesbians and transgenders.

    During the Senate’s drawn-out effort to reauthorize the VAWA, Sen. Dianne Feinstein (D-Calif.) told The New York Times that the Republican opposition “is part of a larger effort, candidly, to cut back on the rights and services to women. We’ve seen it go from discussions on Roe v. Wade, to partial birth abortion, to contraception, to preventive services from women. This seems to be one more thing.”

  • March 13, 2012

    by Jeremy Leaming

    Utah Sen. Mike Lee (R-Utah) can’t stop obsessing over President Obama’s recess appointments of a leader for the Consumer Financial Protection Bureau and three members of the National Labor Relations Board.

    Despite the fact that Republicans had obstructed the president’s nominations to those agencies – they have long opposed the CFPB, and tar the NLRB as a tool of unions – Lee, a Tea Party favorite, has used the recess appointments as a primary excuse for trying to scuttle the president’s judicial nominees.

    But it’s not like Lee (pictured) needed an excuse. His Party has been obstructing the judicial nominations process for years now. Indeed that’s why Majority Leader harry Reid took to the Senate floor yesterday to force action on 17 of the president’s district court nominees. (Typically district court nominees have little trouble being confirmed; not so for Obama, who has seen 19 of his district court nominees filibustered by Senate Republicans.)

    Yesterday before moving to force Senate action on the district court nominees, Reid (D-Nev.) said, “Republicans have refused to allow us to vote – won’t even allow us to vote – on these qualified nominees. What else can we do?”

    Reid also noted the consistently high federal court vacancy rate, saying that 160 million people live in places where judicial emergencies have been created. There are more than 80 vacancies on the federal bench, and a new report from the United States Courts shows that the workload for districts courts is on the rise. As noted on ACSblog, Caroline Fredrickson, ACS president, lambasted the obstruction of judicial selections, saying litigants “whose safety, security and livelihoods are on the line wait years for a resolution in court.”

    Sen. Judiciary Committee Chairman Patrick Leahy (D-Vt.), in a press statement applauding Reid’s move, also noted that “millions of Americans seeking justice in their courts should no longer be stalled by judicial vacancies that would otherwise be filled if only the Senate would fulfill its constitutional role.”