Senate calendar pushes health care, climate change, immigration legislation further back

by: Chris Bowers

Fri Jan 29, 2010 at 14:45


Meet your new legislative calendar:

  1. As a background to a jobs bill and the financial regulation package, health insurance reform will drag on for several more weeks, and might never be passed.
  2. As a result of that, climate change legislation is on life support, and will likely be shelved (and even the back-up plan of using the EPA to regulate greenhouse gasses might be shelved).
  3. And, as a result of those delays, immigration reform is almost certainly off the table for 2010.
Going to be a long, painful 2010.

More in the extended entry.

Chris Bowers :: Senate calendar pushes health care, climate change, immigration legislation further back
From my trip there yesterday, I can confirm that the White House is still definitely working on health care reform.  However, finishing it will take a long time, and as such will be moved to the legislative background. White House Chief of Staff Rahm Emanuel indicates that the primary focus will now be the jobs bill and financial regulations bill:

With Mr. Obama's health care overhaul stalled on Capitol Hill, Rahm Emanuel, the White House chief of staff, said in an interview that Democrats would try to act first on job creation, reducing the deficit and imposing tighter regulation on banks before returning to the health measure, the president's top priority from last year.

Both of these measures have already passed the House of Representatives.  It is entirely possible for the Senate to work on them while all Democratic parties involved still work on rounding up 218 votes in the house on health care, and 51 votes on a sidecar "fix" in to health care in the Senate.

However, this new focus on jobs and financial regulations in the Senate will delay, if not outright kill, attempts to pass climate change legislation in the Senate.  Back in November, the Senate already pushed the climate change bill to the spring.  In a fabulous bit of whining, Senator Claire McCaskill explained why:

Some senators are skeptical lawmakers will be ready to tackle another huge issue after finishing health care. "After you do one really, really big, really, really hard thing that makes everybody mad, I don't think anybody's excited about doing another really, really big thing that's really, really hard that makes everybody mad," Sen. Claire McCaskill, D-Mo., said. "Climate fits that category."

The delay on health insurance reform, and new focus on jobs and financial regulations, will delay the climate change bill even further.  In fact, given the extended delays that usually accompany any Senate legislation, and given that a handful of Democratic Senators saying that the climate change bill should be shelved altogether, it is entirely possible that there simply won't be a climate change bill in the Senate.

The prospect of no Senate climate change bill is not necessarily negative, as long as the EPA regulatory process keeps moving forward.  The EPA would probably take stronger action than anything Congress would pass, not to mention that the Clean Air Act authority of the EPA to regulate greenhouse gas emissions would likely have been gutted by anything Congress would pass.  However, gutting the Clean Air Act may yet happen anyway, even without a climate change bill.  Senator Murkowski is looking to strip the EPA's authority for a year, and has the help of some pretty sucky Democrats).  Still, if EPA authority is not stripped, then the delay and defeat of the climate change bill may not be a bad thing.

The additional delays in health care and climate change pose even greater delays for immigration reform.  Immigration reform was supposed to be the next big legislative step Democrats took after health care and climate change.  However, now that we are in 2010, the prospects for an immigration bill are all but dead.  The Senate, as discussed above, is almost hopelessly clogged.  Further, Rahm Emanuel has previously advised Democratic candidates should move to the hard right on immigration. Back in 2007, this was Emanuel's rationale for why Democratic women did so poorly in 2006:

Since the election, I have heard numerous possible explanations for these defeats. Here are just some of them:

(...)

Democratic women candidates in suburban districts intrinsically seem soft on immigration, and thus needed to outflank Republicans from the right on the issue. (Unfortunately, I'm not kidding about this one. Multiple inside sources have confirmed to me that Rahm Emanuel himself promotes this idea.)

Given this, it is extremely far fetched to see the White House pushing immigration during the summer of an election year.  This is especially the case for an election year that is shaping up to be bad for Democrats.  And, even beyond the White House and the clogged up Senate, House Speaker Nancy Pelosi has said she is now in "campaign mode" and won't seek to pass major legislation in 2010.

The legislative schedule for 2010 looks very different than 2009. Republican delaying tactics have proven successful in clogging up the works.  Also, as I discussed last night, the Democratic plan for making Republicans pay for these delay tactics isn't dramatically different in 2010 than it was in 2009 (although it might be very different in 2011).  Even this pared down schedule might be unattainable in the current Senate environment.  It is going to be a long, frustrating 2010 on the legislative front.


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Yep (4.00 / 2)
This seems like a realistic assessment.

And, even beyond the White House and the clogged up Senate, House Speaker Nancy Pelosi has said she is now in "campaign mode" and won't seek to pass major legislation in 2010.

To be fair, the House has already passed everything. If by some miracle the Senate does actually do immigration reform, which is the only thing they haven't, I'm sure they'll step up to the plate.

Anyway, this just shows how much better the House model is. They got a ton of work done *and* still have the entire year left to go into 'campaign mode'. Compared with the Senate which'll end up doing around 20% as much and will have to do it throughout campaign season.


The House passed "everything"? (0.00 / 0)
Last I checked, it hasn't passed anything substantive.  The climate bill was, like pretty much everything else pushed by corporate-owned Democrats, a huge giveaway to the industries they're supposed to be taxing and regulating.  Their health insurance giveaway is a sick joke, just like the Senate bill.  They haven't even touched issues like prosecuting the war criminals or restoring civil liberties.  If that's "progress," then we really are in a whole lot of trouble.

"Given the choice between a Republican and someone who acts like a Republican, people will vote for the real Republican all the time." -- Harry S. Truman

[ Parent ]
Health care reform is dead, for better or worse (4.00 / 1)
Raise your hand if you think they're going pass a bill a few months before midterms. Dead.

Turns out Kuttner was right: should've have focused on jobs and financial regulation before health care. That, in any case, is what Dems should do now, jobs and financial regulation, try to pass decent bills, make the GOP block 'em.  


I suspect you're right, david. (4.00 / 3)
Shelved to death with the hope that the media and the Republicans will let the Democrats pretend it never happened - as in, What health care reform?  Or, effectively dead - as in, with so little to commend it, it will be as if the whole harangue of the past year was a ginormous waste of time and energy that everyone involved chooses to pretend it never happened.

Has Obama ever blown this first year.  In one million years I would not have dreamed that he, and his team could make so many horrible tactical decisions; by omission or commission.  2009-2010 will be one for the textbooks as well as the history books.  I can't help but think that if he and his advisers don't do a 180 within the next few months, he really could turn out to be a one term President.  And, I really didn't anticipate that could happen either.  Does Obama/can Obama even imagine himself as having only a single term?

And, as Glenn Greenwald put it on 11/12/08; The Democrats of 2002 and 2007 haven't gone anywhere.  They still haven't gone anywhere.  If Obama wasn't willing** to strong arm that group to get on board for his Change agenda in this first year, I don't see it happening in the next three.

** Of course, that assumes Obama had any inclination at all to change anything.  So far, the empirical evidence argues against that proclivity.  If we can't argue motives - and, I don't think we can - then we're stuck with what's right before our lying eyes.  And, what my lying eyes have suggested to me, from the FISA-Folly forward, is this human being was already backtracking before the primaries were even done.

From Obama, to Rahm, to Obama's Cabinet, to his political advisers, to the Democrats in the House and the Senate... they're all culpable in my book.  In my mind's eye, the Democratic project is a bit like looking at a house destroyed by a tornado.  It's a rubble heap.  And, even if there were bits and pieces to salvage, anything constructed from them would be flimsy at best.

Amazing.


[ Parent ]
One-termer (4.00 / 2)
Does Obama/can Obama even imagine himself as having only a single term?

President Obama himself has said that he'd rather have one really good term than two bad terms.  If that's the case then he'd better have a magnificent second term cuz his first term is looking like shit so far.

Maybe we should start scrounging around for a liberal primary challenger, to make Obama's wish a reality...


[ Parent ]
"strong arm that group to get on board for his Change agenda" (0.00 / 0)
WHAT CHANGE AGENDA? There isn't any such thing! "Change" was a campign slogan, nothing more. Obama is a center/right pro establishment guy, and never wanted to change the system at all. At best, he woulkd like to see some cosmetic corrections, but even those don't have a high priority at all on his agenda.

Really, that much should be obvious by now. There is no "change agenda"! Period.


[ Parent ]
Time for a change (of party) (0.00 / 0)
I guess that works if healthcare isn't a voing issue for you.  It is the one issue that will totally dictate my vote.  I don't figure they'll do anything worth a nickel on other issues anyway.  

Times are tough.  They're likely to continue to be tough.  We need a party tough enough for the times.  We have a party that can never ever make a tough vote on any issue.  

Time for a change of party.  


[ Parent ]
Rahm is the Bill Kristol of political strategists (4.00 / 6)
Every last thing he says and does is wrong. What a disaster he is...

"The White House obviously has a loser mentality - but America rallies around winners."

Pressure the House to PTDB (4.00 / 2)
That seems to be the only way hcr moves forward, unless everyone is content on waiting another 20 years for a shot at it...

Next up, Senate reform... (4.00 / 4)
What a worthless chamber.  I know there's a lot of different moving pieces and people at fault for everything from HCR to climate change legislation, but how many times did Obama have to say "The House has already passed X, now the Senate must do the same."

The Senate ensures that nothing ever gets done, and even with a 60 vote "filibuster-proof" majority nothing got done.  The filibuster rules don't need to be reformed, the Senate just needs to be abolished or rolled into the House as a single chamber.  2 extra votes whether a big or small state should be all the "balancing" needed at this point in time.


Unfortunately (0.00 / 0)
the Senate is the one thing in the Constitution you can't change without a coup or a revolution.

[ Parent ]
Chris had the answer a few days ago... (0.00 / 0)
Constitutional convention. =)

[ Parent ]
That would be a coup and a revolution! (0.00 / 0)
Don't underestimate the amount of forces necessary to even get this under way. It's a nice dream right now, nothing more. I don't see so many US people willing to revolt (really, revolt, not simply protest!) right now. Do you?

[ Parent ]
IANACL, but (0.00 / 0)
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Far as I can tell, a convention just lets you propose amendments, and amendments can do anything except introduce state-wise inequality to the Senate. So there's really no way to change that whatsoever.

Though, ironically, while you can't make the Senate fair, maybe you can just flat-out abolish it, based on my naive reading, at least. The states' "equal Suffrage in the Senate", after all, could be "none at all" -- that's still quite equal. But this is the sort of thing where common sense is no longer enough, and I think you really would have to be a constitutional lawyer to figure that one out.


[ Parent ]
"IANACL"? 'I am not a crooked lawyer'? Uh, good for you! :D (0.00 / 0)
Or do you wanna say, 'I am not a Congress lobbyist'? Or maybe 'I am not a centrist liberal'? :confused:

And while I think an ammendment CAN correct the "state-wise inequality" that is ruining the Senate now, by giving populous states a larger number of Senators (and that would seriously alter the allocation of power!), it's certainly illusionary now.

Because, "whenever two thirds of both Houses shall deem it necessary", that whenever isn't now. Would take almost a revolution to get there.


[ Parent ]
Just imagine: A Senator for about 500,000 voters! (0.00 / 0)
That would still ensure that every state is represented, but the necessary incras of Senator seats would give populous states a much stonger say, and reduce the number of rethuglican Senators to less than 40%. And a single Senator would have no chance to hold up anything, most of the time. It would make Senate more like the house, and that wuld be a good thing, imho.

However, of course, I don't think this ammendment would ever have a chance in Senate. The damn Senators wouldn't allow their power to be so seriously reduced.  


[ Parent ]
"Constitutional" (0.00 / 0)
And what you propose is exactly what the Constitution explicitly prohibits. Seriously. "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate". Read that a few more times until you understand it. If one state gets more Senators than another, then the one with less is being deprived of its equal suffrage. That's obvious even to non-lawyers like me.

The only way to do it would be to get the "consent" of every state except the ones which end up being tied for the most Senators under any new scheme, but at that point a revolution would be easier to accomplish.


[ Parent ]
That's not a Verbot. With content, it's possible. That's a legal hurdle. (0.00 / 0)
And it's not that much higher than the effort it takes to get any ammendment ratified. Not only thee Senate, á supermajority of states, too, has to accept the bill anyway (right?). That's already such a high barrier that I wonder how there can ever be any changes of the US constitution...

[ Parent ]
Some things never change (4.00 / 3)
I had hoped this year would finally disprove the conventional wisdom about Democrats being able to steal defeat from the certain clutches of victory.

Instead, it reinforced and even amplified it.

Whatever the analysis shows is the reason for expected low base turnout this fall, I can say personally that my reason is simple: I'm too goddamn embarrassed to vote for these irredeemably incompetent twats.


Yeah, what's the hurry? (4.00 / 3)
Why, you'd think this was an election year in which the voters are royally pissed off about Democrats' refusal to tackle any of the crises facing our nation!  Yeah, they and those bloggers are just a bunch of Chicken Littles running around screaming about how vital it is to pass meaningful health care reform, taxes on polluters, making it tougher for employers to get away with hiring illegal immigrants or force them to pay higher wages to those illegal aliens so there's no incentive to seek out cheap labor.

The arrogance and complacency by this administration and by this Congress is disgusting, just like Michael Moore said on Democracy Now recently.  People are hurting terribly, and the only solutions these clowns have is to keep doing the exact same things the last bunch was doing to hurt us.  Well, when they've lost both houses of Congress in November and Obama faces impeachment once the GOP starts digging through Tony Rezko's dirty laundry, they'll still be trying to move to the right.  They are incapable of learning.

"Given the choice between a Republican and someone who acts like a Republican, people will vote for the real Republican all the time." -- Harry S. Truman


I've been paying a whole lot more attention to the (4.00 / 2)
emails from the Progressives States Network these days. That's not to say that national politics aren't important, but I increasingly feel like the best place for activists to make a difference is at the state or even local level.  

The recent Oregon victory was a bolt of good news in an sea of deflating nonsense.  Aside from the strategic possibilities, looking to the state level is probably good to avoid getting depressed.  

There is so much work that can done on issues like health care, immigration or clean elections at the state level. And that sort of change will impact what is seen as possible, and what is seen as off the wall. It can also have the same kind of progressive feedback loop effects that we have discussed here before (albeit on a smaller scale.)  While some Democrats (Rahm Emanuel being the best example) will simply never learn, I still think there are plenty who are reachable if they can see more progressive victories that not only fail to lead to progressive defeat at the polls, but actually prove good politics.  

Support a Pennsylvania Progressive for Governor - Joe Hoeffel


Hmm, can there be more Oregon.style ballot intitiatives? (0.00 / 0)
Or is it too late to get them on the ballot in November? That could be a way to spread progressive talking points, and a vehicle for progressive candidates to reach out to a larger public! Really, fuck Obama, the WH and the damn leadership, shouldn't progressives counterattack now with tax proposals, regardless if fools like Emanuel and the BlueDogs like that? That could be a way to show independence from the lamers, and to get out of the maelstrom that is pulling the rest of the party down.

What do you think?


[ Parent ]
Others will know more about this than me (4.00 / 1)
but I suspect there is time. Rules on such things (not only in terms of the timing and whether it's possible at all.) And where there is not, similar campaigns can be done pressing for legislative action.  

Lakoff's movement to Restore Democracy in California is very promising on this front.  

Anything that can be done independent on the White House or the national party is worth exploring, in my opinion.

Support a Pennsylvania Progressive for Governor - Joe Hoeffel


[ Parent ]
In other words (4.00 / 1)
The fear of and/or desire to appease a handful of ConservaDems is going to continue to trump the need to get vital shit done.

Pathetic, if true.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


how long will it take the senate to pass the reconciliation sidecar for hcr? (4.00 / 1)
1 week? what are they waiting for?

don't get it (0.00 / 0)
why is this bad news?  it seems politically astute and better for long run interests.

i would bet you'll get a better jobs bill than you would a health care bill, environmental legislation, or immigration reform from this congress based on the fact that there's much more political pressure for that and it's directly tied to elections.  plus it could have less serious long term and structural consequences than any of those three, which only get dealt with once in a long long while.

i'm not as optimistic about the financial industry reforms given how many congress people are bought and paid for by the industry (seemingly), but even so, i'd wait four years and try to address things at the state level.  populism's not going away, so i don't see why i should root for $hitty bills from a $hitty congress rather than other strategies.


A failure is a failure is a failure. Dems can't spin that. (4.00 / 1)
And a jobs bill would not outweigh that impression. Plus, as long as the filibuster is in the way, any jobs bill can only be a watered down, ineffektive, pork ladden piece of junk. Nothing to impress the voters with.

What the Dems need ow are SUCCESSES! That's th only way out of the downspiral. But as long as the rethuglicans can block anything, the Dems won't have any successes. That's the undeniable truth. Kucinich is totally right: Be BOLD now, or lose the country!


[ Parent ]
I agree - no way around the fact (4.00 / 1)
that HCR was an EPIC FAIL. And the public does not easily forgive failure, regardless of the reason. They often say about Americans that what they really love - at the end of the day - is a WINNER or at least a heart-rending loser. This white house has been neither, so far, and much of that failure can and should be laid at the feet of Obama's staff, especially his COS, Rahm, who seems to have been caught with his pants down way too many times. Whether it is MA election (what? me lose?), or dumping HCR on congressional sausage making industry, or just pissing off progressives (STFU) and other democratic base activists for no good reason at all, Rahm's political instincts were clearly neither sharp nor effective. At the very least, we could say that his strength was in House political machinations whereas the senate is a different matter altogether, and as we all saw - the senate was by far the biggest problem. To me, it seems that the right thing now is to get rid of the guy whose advise was proven wrong and bring i some new blood.  Nothing wrong with shaking things up - -

In any case, even if the Pres is forgiving, the american people may not be. We'll see in November but I suspect that a giant failure like HCR, after all the time and efforts spent, cannot simply be defined away, as much as rahm wishes to wave the magic wand. It's magic just ain't working.


[ Parent ]
it was a crap bill (0.00 / 0)
pointing it out or that a jobs bill might be relatively less crap given the politics of the moment is not spin.

[ Parent ]
No, doc, sure. But what I meant to say... (0.00 / 0)
..is that Dems won't be able to spin a compromise jobs bill - passed with the votes of Snowe and, well, whom? I dunno. Which rethuglican Senator would help Dems pass a jobs bill? - into something that grand to outweigh the huge failure to get HCR done. You can't stop the downward trend with something that can only be too little, too late.

And what do you mean with "the politics of the moment"? Do you think "the politics of the moment" favor a Dem jobs bill in any way? I really can't see that...


[ Parent ]
Why would republicans (0.00 / 0)
support any bill that would help the white house in any way? the dear doctor may be assuming that there would be some republicans - or conservadems- willing to do something for the american people at the expense of purely political calculations. That's like saying that water can flow uphill. It's against everything in the republican and/or politically conservative DNA. By definition, conservative nowadays means less help for anyone not as fortunate as they - not more help. It is literally impossible for the Pres to get a really good jobs bill through congress, because doing so might help the economy and that may raise the democrats fortune by making government look good. Not gonna happen and the sooner we all recognize that the better.

Living in illusions that there is remote possibility for bi=partisanship on anything other than empire/security-uber-alas or israel-first or down-with-cuba/russia/china  (pick one or more) is doing us no good at all, as it deflects from finding possible solutions to the conundrum we are all in. A declining empire is not a fun place to be in and I  just wish we- as citizens who care a hoot about the future (or the present, for that matter)  would engage in more strategizing on how to cushion the hard landing that's coming, instead of joining in silly political gambits based on wishful thinking. Empires in decline may sometimes catch a second wind - for a time. But the larger trends are irreversible. With proper policies we could still sail through to a livable - and even enjoyable future. Without them....well, better not go there.


[ Parent ]
they would be more likely to support something for which there is short term political pressure in an election year (4.00 / 1)
that is my point.  it is MUCH harder to stand up and say 'i oppose a jobs bill' and answer for it right now than it is to obstruct health care or immigration reform or anything else that is not an actual pressing consideration.

so my argument is based entirely on the idea that republicans - and democrats - will respond to political calculations.  

as for your second point about the long term decline -  that is soething that needs to be addressed.  but simply pointing it out isn't enough - we need to actually do it.  the obama strategy is to reduce4 politicking and increase substantive discussion.  absent a massive progressive majority, i don't see anything else working.  it could be sharper though but the Q&A witht he house GOP caucus was very good if you watch it.


[ Parent ]
Fuckfuckfuckfuck...... (0.00 / 0)
All those bills getting shelved-- those are the reasons I elected these losers.

We will be crushed, ground up, and spat out in 2010.  

We won the Battle. Now the Real Fight for Change Begins. Join MoveOn.org and fight for progressive change.  


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