tagged w/ Ben Nelson
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...A small but growing number of moderate Democrats are balking at boosting taxes on the rich. Many face electorates that recoil at the mention of any tax increase. Some represent areas that are loaded with wealthier taxpayers. Further, some incumbent senators who don't face voters this fall are reluctant to increase taxes on anyone while the economy remains sluggish.
http://www.mcclatchydc.com/2010/09/01/99992/democrats-unlikely-to-repeal-tax.html...A small but growing number of moderate Democrats are balking at boosting taxes on... more
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WASHINGTON — President Obama, making a muscular show of his executive authority just one day after Congress left for spring recess, said Saturday that he would bypass the Senate and install 15 appointees, including a union lawyer whose nomination to the National Labor Relations Board was blocked last month with the help of two Democrats.
Coming on the heels of Mr. Obama’s big victory on health care legislation, Saturday’s move suggests a newly emboldened president who is unafraid to provoke a confrontation with the minority party.
Just two days ago, all 41 Senate Republicans sent Mr. Obama a letter urging him not to appoint the union lawyer, Craig Becker, during the recess. Mr. Obama’s action, in defiance of the Republicans, was hailed by union leaders, but it also seemed certain to intensify the partisan rancor that has enveloped Washington.
“The United States Senate has the responsibility to approve or disprove of my nominees,” Mr. Obama said in a statement. “But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis.”
It was the first time the president has used his constitutional authority to fill vacant federal positions by making recess appointments, thus avoiding the requirement for the advice and consent of the Senate. Mr. Obama, who currently has 217 nominees pending and 77 awaiting action on the Senate floor, said Republicans had given him little choice.
“At a time of economic emergency, two top appointees to the Department of Treasury have been held up for nearly six months,” Mr. Obama said. “I simply cannot allow partisan politics to stand in the way of the basic functioning of government.”
With lawmakers back in their home states and Mr. Obama spending a quiet family weekend at Camp David, the White House issued the statement announcing the president’s intent to appoint Mr. Becker, and 14 others, mostly to fill positions on his economic and homeland security teams.
The White House said the 15 nominees had been waiting, on average, seven months to be confirmed. They are expected to begin work over the next week; the president’s action will enable them to serve without Senate confirmation until the chamber adjourns at the end of 2011.
Republicans, who have cast Mr. Becker as a pro-labor radical, issued a flurry of angry statements. They wasted little time in reminding reporters that when George W. Bush was president, then-Senator Obama had railed against the recess appointment of John R. Bolton as ambassador to the United Nations, saying that Mr. Bolton would be “damaged goods” and lacked credibility without Senate confirmation.
Senator Mitch McConnell of Kentucky, the Republican leader, called the president’s move “yet another episode of choosing a partisan path despite bipartisan opposition.”
Another Republican, Senator Tom Coburn of Oklahoma, said in an interview that he could understand Mr. Obama’s frustration; he said that most of the other nominees were noncontroversial and that his concern was centered primarily on Mr. Becker. “He has a precedent,” Mr. Coburn said of the president, “Others have done it, so I’m not critical of him doing it. But I am critical of the Becker appointment because he doesn’t have the votes.”
Recess appointments are a common tool for presidents frustrated by the confirmation process. Mr. Obama’s action puts him on a par with Mr. Bush, who had made 15 recess appointments by this point in his presidency. Mr. Bush had an especially intense tussle with Democrats over judicial appointees; during the course of his two terms in office, he made a total of 171 recess appointments, although 72 were to part-time positions, according to the Congressional Research Service. President Clinton made 139 recess appointments.
With the exception of Mr. Becker, the White House said most of the 15 nominees being installed by Mr. Obama have bipartisan support. Indeed, in a sign that Mr. Obama did not want to go too far in inflaming partisan passions, he resisted using his executive powers to install one of his most contentious candidates, Dawn Johnsen, an Indiana University law professor, to lead the Office of Legal Counsel at the Justice Department. Ms. Johnsen has drawn the ire of Republicans for her work as a lawyer for NARAL Pro-Choice America as well as her outspoken opposition to the Bush administration’s counterterrorism policies.
Saturday’s announcement is certain to cheer some of Mr. Obama’s strongest supporters, who have been arguing that the president should take on Republicans in a more forceful way. Gay rights advocates were elated to see Chai R. Feldblum, a Georgetown University Law professor who advocates on gay issues, claim a spot on the Equal Employment Opportunity Commission as a result of Mr. Obama’s action.
But perhaps no group will be as heartened as union leaders.
For months they had complained that Mr. Obama was too timid in responding to Republican opposition to Mr. Becker, a former associate general counsel for the A.F.L.-C.I.O. and the Service Employees International Union. Labor leaders were also unhappy that the labor relations board has been largely paralyzed since January 2008 because only two of its five seats have been filled since then. Mr. Obama also appointed Mark Pearce, a New York labor lawyer, on Saturday to fill a fourth seat on the board.
Last month, the Democrats fell eight votes short of the 60 needed to overcome a threatened Republican filibuster of a vote for Mr. Becker. Two Democrats, Blanche Lincoln of Arkansas and Ben Nelson of Nebraska, joined Republicans in the 52-to-33 vote.
In their letter to the president, Republicans wrote that Mr. Becker, a former law professor at U.C.L.A. and the University of Chicago, “could not be viewed as impartial, unbiased or objective” in labor board cases. A law review article he wrote, saying that employers should not have a voice in unionization elections, angered many businesses and Republicans. But in Congressional testimony, Mr. Becker said that those were his personal views and as a labor board member, he would follow the letter of the law.
Two other candidates who are getting recess appointments, Jeffrey Goldstein, the nominee for a high-level job at the Department of Treasury as under secretary for domestic finance, and Alan D. Bersin, the nominee for commissioner of the Customs and Border Protection division of the Department of Homeland Security, were still being vetted by the Senate Finance Committee. Mr. Obama’s decision to bypass the vetting drew criticism Saturday from the senior Republican on the panel, Senator Charles E. Grassley of Iowa.
Mr. Grassley said Mr. Goldstein was still answering the panel’s questions about his work for a private equity firm, and Mr. Bersin was answering questions about “what appeared to be conflicting information about his documentation and disclosure” of household employees — questions that, the senator said, were “directly relevant” to the positions they will hold.WASHINGTON — President Obama, making a muscular show of his executive authority... more
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By Sarah Laskow, Media Consortium Blogger
On Thursday afternoon, Sen. Lisa Murkowski (R-AK) pulled out a rarely-used Congressional tool in an attempt to keep the Environmental Protection Agency (EPA) from regulating carbon and other greenhouse gasses. Sen. Murkowski offered a “resolution of disapproval” of the EPA’s impending action, which would limit companies’ carbon emissions.
The resolution would overturn the EPA’s finding that carbon dioxide is harmful to the public health. Three Democrats—Sen. Ben Nelson (D-NE), Sen. Blanche Lincoln (D-AR), and Sen. Mary Landrieu (D-LA)—joined Sen. Murkowski and 35 Republicans in sponsoring the resolution.
“Ms. Murkowski’s Mischief‘”
“This command and control approach is our worst option for reducing the gasses associated with climate change,” said Sen. Murkowski on the floor of the Senate yesterday. She called the EPA’s actions “backdoor climate regulations with no input from Congress” and said they would damage the country’s flailing economy.
The EPA first announced in April 2009 that carbon dioxide and other greenhouse gasses posed a threat to the public health. The agency formalized that finding last month, giving itself the power to regulate emissions of greenhouse gasses under the Clean Air Act. In March 2010, for instance, the agency is expected to announce carbon emissions rules for the auto industry that would match California’s higher standards. Sen. Murkowski’s resolution would derail that process.
Sen. Murkowski argued that she wants to give Congress room to come up with a legislative solution to climate change, but her critics see a more dangerous tilt to her resolution. “It’s a radical attempt by the legislative branch to interfere with executive branch scientists,” writes David Roberts at Grist.
Responding to “Ms. Murskowski’s mischief” on the Senate floor yesterday, Sen. Barbara Boxer (D-CA) called the resolution an “unprecedented effort to overturn scientific decision” and “a direct assault on the health of the American people.”
Resolution of disapproval
What is a “resolution of disapproval?” Grist’s Roberts called it “the nuclear option.”
“It would rescind the EPA’s endangerment finding entirely and thereby eliminate its authority over both mobile and stationary sources,” Roberts explains. “Furthermore, the administration would be prohibited from passing a regulation “substantially the same” as the one overruled, so the constraint on the EPA would effectively be permanent.”
This type of resolution was created by the Clinton-era Congressional Reform Act. The resolution has one big advantage: It cannot be filibustered. Passage requires only a majority in both houses of Congress. Members have tried using it in the past to delay the Dubai Ports World deal, derail FCC regulations on new media, and stop the flow of bailout funds.
Kate Sheppard at Mother Jones has been following Sen. Murkowski’s actions closely. She reports that “Senate supporters of climate action say Murkowski could obtain the votes of moderate Democrats from coal, oil, and manufacturing states. However, a resolution would still need to be approved by the House and signed by the president—both long shots, to put it mildly. ‘I think we’re a little worried about [Murkowski’s resolution] winning. I’m not sure we’re worried about it becoming law,’ a Senate Democratic staffer says.”
But Grist’s Roberts argues that passage in the Senate alone would be a problem. “Even if blocked by the House or vetoed by the president, such a public, bipartisan slap at the administration would be highly embarrassing and demoralizing,” Roberts writes. “It would mean at least ten conservative Democrats washing their hands of the administration’s initiative.”
Climate change and Congress
Sen. Murkowski insists that she’s still ready to work with her colleagues on climate change and that it’s better to approach the problem of climate change via legislation, not regulation.
But no one in Washington believes that climateBy Sarah Laskow, Media Consortium Blogger
On Thursday afternoon, Sen. Lisa... more
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Democratic Sen. Ben Nelson and Republican Sen. Orrin Hatch today filed their amendment to tighten restrictions on federal funding for abortion. The amendment is likely to be debated on the floor tomorrow. Most observers expect it to fail, which could put the future of reform in doubt as Nelson has threatened to filibuster a bill that doesn't include the provision.
The amendment prohibits federal funds from paying for abortion. It prohibits the public option from covering abortion and blocks consumers from using subsidies to purchase a health insurance policy that covers abortion.
In addition to Nelson and Hatch, sponsors include Sens. Robert Casey ( D-Penn.), Sam Brownback (R-Kansas), John Thune, (R-S.D.), Mike Enzi (R-Wyo.), Tom Coburn (R-Okla.), Mike Johanns (R-Neb.) David Vitter (R-La.), and John Barrasso (R-Wyo.)
According to supporters of the amendment, its unlikely to pass.
http://www.politico.com/livepulse/1209/Nelson_files_his_abortion_amendment_.html?showallDemocratic Sen. Ben Nelson and Republican Sen. Orrin Hatch today filed their amendment... more
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The remaining obstacle is going to be abortion - it may well be the critical hinge to the passage of health care legislation.The remaining obstacle is going to be abortion - it may well be the critical hinge to... more
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The politics of climate change are difficult in the Senate, it's often said, because it's a regional issue: coal state senators are afraid their economies will be driven under if the price of dirty energy rises too quickly.
Climate change is, in fact, a regional issue, but not in the short-term way that the coal senators think, according to new analysis from The Nature Conservancy. The environmental group finds that rural Midwestern states will face the greatest consequences of climate change. The three that will face the steepest rise in temperature -- Kansas, Nebraska and Iowa -- are farm states whose soil will be significantly less productive as temperatures rise more than 10 degrees Fahrenheit there by 2100.
The rise by by 2050 -- only 41 years from now -- is also projected to be substantial. (Click here for an interactive map of the analysis.)
The two Republican senators from Kansas, which will be most ravaged by climate change, are unlikely to support legislation addressing it.The politics of climate change are difficult in the Senate, it's often said,... more
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On Wednesday Jim DeMint introduced one of the most moronic amendments in the history of The U.S. Senate to the stimulus bill. It lost, but a whopping 43 Senators, including a few Democrats voted in favor of it. Now the lunatic fringe of the right-wing is hyperventilating about religious discrimination.On Wednesday Jim DeMint introduced one of the most moronic amendments in the history... more
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