Last Call For Shutdown Countdown, Clown Town Edition, Con't

House GOP Speaker Kevin McCarthy bet it all on a 45-day extension on funding the government, minus billions in Ukraine aid. Democratic House leader Hakeem Jeffries let the Democratic caucus go along on the bill, and it passed. The question is, how long does Kevin McCarthy have left before he's deposed?

When he walked into the Capitol on Saturday, Speaker Kevin McCarthy knew exactly what he’d do to stave off a shutdown: Call up a bill that abandoned the border policy and spending cuts he’d preached for weeks.

McCarthy’s move marked an abrupt shift after spending most of the year trying to placate all corners of his party — including a dozen-plus hardliners who have made it next to impossible for him to maneuver anything onto the floor. After the vote, McCarthy all but taunted his critics to come after his gavel if they wanted to.

And their first chance to do that will be Monday night. Multiple House conservatives confirmed in interviews they will begin seriously mulling whether they will try to seize McCarthy’s gavel in the coming days.

“I think it is a surrender,” said Rep. Ralph Norman (R-S.C.), one of multiple conservatives who warned McCarthy not to accept Democratic help to avoid a shutdown.

In the end, the 45-day funding patch that is on track to keep the government open passed with more Democratic than GOP votes, in a repeat of the spring debt vote that first inflamed McCarthy’s opponents.

The bill was finished just before midnight on Friday. But McCarthy didn’t unveil his plans to take up the bill until almost 11 hours later, after a choreographed parade of Republicans took the mic during a private 90-minute meeting to argue for exactly his proposal.

Dozens of conservatives ended up voting against the bill, which gave in on their two biggest priorities — spending cuts beyond McCarthy’s spring debt deal and hard-right border policies. Still, McCarthy wanted the groundswell of support for it to look like an organic move by his members, rather an order down from leadership.

Mere hours later, a majority of House Republicans backed the type of shutdown-averting bill that the California Republican had repeatedly sworn was unacceptable. McCarthy’s 180-degree turn could soon threaten his speakership, giving conservatives who have threatened to try to eject him plenty of fodder to make their move.

“You can’t form a coalition of more Democrats than you have Republicans who you’re supposed to be the leader of, and not think that there’s going to be serious, serious fallout,” Rep. Matt Rosendale (R-Mont.) said. He confirmed that after Saturday’s spending vote, they would start discussions about ousting the speaker.

Freedom Caucus member Rep. Byron Donalds (R-Fla.) acknowledged that McCarthy’s speakership is “probably” in danger, but added: “I’m not even getting into that right now. There are other members that have to decide if they want to bring that or not.”

House Freedom Caucus Chair Rep. Scott Perry (R–Pa.) said he did not expect an effort to oust McCarthy because Republicans didn’t “have any other option” but to bring up a clean spending patch after GOP holdouts tanked their own party’s plan.

But Perry — who has himself lost sway with some more conservative members — didn’t commit to opposing a McCarthy ouster. He told POLITICO: “The case has to be made. So we’ll listen to the argument.”

McCarthy’s biggest antagonist, Rep. Matt Gaetz (R-Fla.), has not yet declared that he intends to force a vote to boot the speaker over the Saturday vote.

“That will be something I will chat with my colleagues about,” Gaetz said, just before the bill passed on the floor.

 

On the Senate side, Mitch McConnell and Senate Republicans scrapped their deal with Chuck Schumer to instead go with McCarthy's House bill.  The bill passed and the shutdown will be averted.

Whether McCarthy survives the week as Speaker, well, place your bets now. 

Either way, we get to go through this again in mid-November.

Last Call For Shutdown Countdown, Clown Town Edition, Con't

Senate leaders Chuck Schumer and Mitch McConnell just knocked the Big Top blocks out from under House GOP Circus Ringmaster Kevin McCarthy.

 

Senate Republicans and Democrats reached agreement on Tuesday on a stopgap spending plan that would head off a government shutdown on Sunday while providing billions in disaster relief and aid to Ukraine, but the measure faced resistance in the Republican-led House.

The legislation cleared its first procedural obstacle Tuesday night on a bipartisan vote of 77 to 19. It would keep government funding flowing through Nov. 17 to allow more time for negotiations over yearlong spending bills and provide about $6 billion for the Ukraine war effort as well as approximately $6 billion for disaster relief in the wake of a series of wildfires and floods.

Senate leaders hoped to pass it by the end of the week and send it to the House in time to avert a shutdown now set to begin at midnight Saturday. But there was no guarantee that Speaker Kevin McCarthy would bring the legislation to the House floor for a vote, since some far-right Republicans have said they would try to remove him from his post if he did.

Still, in putting the legislation forward, Senate leaders in both parties were ratcheting up the pressure on Mr. McCarthy, who has failed to put together a temporary spending plan of his own.

Senator Chuck Schumer, Democrat of New York and the majority leader, said the Senate agreement “will continue to fund the government at present levels while maintaining our commitment to Ukraine’s security and humanitarian needs while also ensuring those impacted by disasters across the country begin to get the resources they need.”

Senator Susan Collins of Maine, the top Republican on the Appropriations Committee, urged her colleagues to support the plan, warning that shutdowns “do not accomplish the goals that people who advocate government shutdowns think will be accomplished.”

“I’ve been through two government shutdowns,” Ms. Collins said, “and I can tell you they are never good policy.”

The Senate proposal would meet stiff resistance from House Republicans because it includes assistance for Ukraine that many of them oppose and maintains federal funding at current levels. Many House Republicans are demanding steep cuts in even an interim funding plan. As a result, Mr. McCarthy would need Democratic votes to pass it, and leaning on Democrats would stir a backlash from his own party.

Mr. McCarthy on Tuesday told reporters at the Capitol that he would not address “hypotheticals” about whether he would put a stopgap plan passed by the Senate to a vote on the House floor. He and his deputies were toiling ahead of a scheduled vote on Tuesday evening to round up support to allow a group of yearlong spending bills to come to the floor for debate, even as a group of hard-right Republicans vowed to continue blocking them.

“I heard all this time, they’re going to pass appropriations bills all month,” Mr. McCarthy told reporters at a separate news conference later in the day. “Remember, you all wrote about it? They were the good chamber. So when they pass something, come back and ask.”

 

Boy, somebody woke up on the wrong side of the circus boxcar hammock, didn't he?

 

Still, McCarthy has nobody to blame but himself. He's no longer Speaker but in name only, and if he tries to bring the bill to a House floor vote, he may get removed before he can do it. I don't expect Hakeem Jeffries will help McCarthy out of the Big Top until after the Senate stopgap bill gets passed in the House, but that leaves us with six weeks to figure out who's replacing him.

 

Of course, McCarthy's a coward, and that means he may let the government shut down anyway.

 

We'll see. The Senate bill has to pass first before anything happens.

 

 

Of course, then we get to have the new fight with the new Ringmaster.

 

 

Shutdown Countdown, Armageddon Edition, Con't

The Senate easily passed the debt ceiling bill late last night as President Biden, Hakeem Jeffries, Chuck Schumer and the Democrats successfully limited the damage from the GOP-caused debt ceiling hostage crisis.

 

The Senate voted Thursday night to pass a bill that would extend the debt ceiling for two years and establish a two-year budget agreement on a broad bipartisan vote.

The vote was 63-36.

Having already cleared the House on Wednesday, it now goes to President Joe Biden, who is expected to sign it and avert an economically catastrophic debt default with mere days to spare before Monday's deadline.

The agreement was brokered by Biden, a Democrat, and House Speaker Kevin McCarthy, a Republican, after a lengthy stalemate and a frenzied few weeks of negotiations as the U.S. neared the cliff. Biden will address the nation on the bill at 7 p.m. ET Friday.

"America can breathe a sigh of relief. Because in this process we are avoiding default," said Senate Majority Leader Chuck Schumer, D-N.Y. "The consequences of default would be catastrophic."

Senate Minority Leader Mitch McConnell, R-Ky., championed the bill as "an urgent and important step in the right direction — for the health of our economy and the future of our country."

 

The keys here were Democratic messaging that the GOP was wholly responsible for this mess, pounding away at the fact that the same GOP raised the debt ceiling three times under Trump, and that Wall Street donors didn't exactly want an economic collapse as much as the GOP did.

President Biden held fast and the Dems got in array.

Remember this the next time somebody tries to bring up Biden's "cognitive issues".

 

Last Call For Another Feinstein Mess You've Gotten Us Into

California Sen. Dianne Feinstein is recovering from shingles at home, but she's missed dozens of Senate votes as a result, and with both Feinstein and Pennsylvania Sen. John Fetterman out last month, judicial appointments have ground to a halt. Fetterman is back, but Feinstein won't be anytime soon, and the pressure is on for her resignation.

 

Senator Dianne Feinstein on Wednesday pushed back on calls for her resignation but asked to step away from the Judiciary Committee indefinitely while recovering from shingles, responding to mounting pressure from Democrats who have publicly vented concerns that she is unable to perform her job.

Ms. Feinstein, an 89-year-old California Democrat, has been away from the Senate since February, when she was diagnosed with the infection. Her absence has become a problem for Senate Democrats, limiting their ability to move forward with judicial nominations. In recent days, as it became clear she was not planning to return after a two-week recess, pressure began to increase for Ms. Feinstein to resign.

On Wednesday night, she said she would not do so, but offered a stopgap solution, saying she would request a temporary replacement on the panel.

“I understand that my absence could delay the important work of the Judiciary Committee,” Ms. Feinstein said in a statement on Wednesday night, after two House Democrats publicly called on her to leave the Senate. “So I’ve asked Leader Schumer to ask the Senate to allow another Democratic senator to temporarily serve until I’m able to resume my committee work.”

In a statement, a spokesman for Senator Chuck Schumer, Democrat of New York and the majority leader, said that Mr. Schumer would make that request of the Senate next week.

Replacing Ms. Feinstein on the committee would require Democrats to pass a resolution, which would need some degree of bipartisan support — either the unanimous consent of the Senate or 60 votes. It is not clear whether Republicans, who want to hold up President Biden’s judicial nominations, would support such a measure.

Ms. Feinstein has missed 58 Senate votes since February, and Democrats did not want to head into the spring and summer without the ability to move ahead on judicial nominations. Under the Senate’s current rules, a tie vote on a nomination in the committee means it fails and cannot be brought to the floor.

“I’m anxious, because I can’t really have a markup of new judge nominees until she’s there,” Senator Richard J. Durbin, Democrat of Illinois and the chairman of the Judiciary Committee, told Politico last month.

There is zero reason for Mitch McConnell to go along with this, and he most likely won't. Delaying federal judicial appointments is what he'll relish doing.

The bigger problem is Feinstein's absence. Replacing herwould be a massive fight for her seat, something Democrats can't really afford right now even with the safest seat in the nation. It would be a lifetime appointment, and everyone knows it.

 

Oh, and nobody batted an eye when Fetterman took needed time off for medical reasons, that's a double standard for sure.

Having said that, another reason why Feinstein's continued absence is a problem: without her, Biden's pick to replace Labor Secretary Marty Walsh, Julie Su, is DOA.

 

President Biden's nomination of Julie Su as Labor secretary is in serious danger, as Sen. Joe Manchin (D-W.Va.) has told the Biden administration he has deep reservations about her, according to people familiar with the situation.

Why it matters: For Biden, the cold, hard math of the divided Senate means that Manchin’s opposition — combined with one other Democratic defection— would scuttle Su’s chances.It would mark the third defeat of a Biden nominee this year, a reflection of how a few Democrats who face tough re-election races in 2024 have resisted being seen as rubber stamps for Biden's picks.

Two previous Biden nominees — Gigi Sohn for an open seat on the Federal Communications Commission, and Phil Washington to lead the Federal Aviation Administration — withdrew after Democrats signaled their opposition.
The 49 Republicans in the 100-seat Senate are expected to uniformly oppose Su. There are concerns among Senate Democrats backing Su that Arizona Sen. Kyrsten Sinema, a Democrat-turned-independent, also will vote no, though she has not said so.

The big picture: With Senate Democrats facing a difficult map in 2024, vulnerable senators such as Manchin, Sinema and Jon Tester (D-Mont.) are looking for ways to create some political space from Biden, whose approval/disapproval rating is an 8 points underwater in national polls, according to a Real Clear Politics polling average.

 

Sinema wouldn't need to vote no to kill the nomination, it would be 50-49 against with Manchin being himself and Feinstein gone.

 

Dems are going to need to figure this out and soon.

Shutdown Countdown, Con't

The omnibus spending bill to keep the government open passed easily in the Senate, despite Republican efforts to sabotage the bill with poison pill amendments. The better news is several long-awaited and badly-needed pieces of legislation were added to the bill, including the Pregnant Workers Fairness Act, and the big one, the Electoral Count Reform Act.

The bill overcame a last-minute snag late Wednesday over a GOP-demanded amendment to keep the Trump-era Title 42 border policy in place. Democrats agreed to hold a vote on their amendment alongside a Democratic alternative. Both failed, and the delicate coalition for the bill stayed intact. Other amendments were approved.

After a yearslong fight, senators approved including the Pregnant Workers Fairness Act as part of the omnibus package, offering protections against discrimination for pregnant workers. The last-ditch effort was led by Sens. Patty Murray, D-Wash., Richard Burr, R-N.C., Bill Cassidy, R-La., and Bob Casey, D-Pa.

“For far too long, too many workers excited about welcoming a new baby had to worry about losing their jobs — all because their employers could deny them basic, low-cost accommodations like a bathroom break or a stool to sit on,” Murray said in a statement, calling the measure “a big and important step forward.”

Another bill to expand accommodations for pumping in the workplace also passed as part of the tranche of amendments, cementing another victory for pregnant women and new moms. It was offered by Sens. Jeff Merkley, D-Ore., and Lisa Murkowski, R-Alaska.

In a statement, Murkowski called the amendment's passage “good progress toward ensuring no mother ever has to choose between a job and nursing her child.”

The omnibus bill moved forward 75-20 in the Senate on Tuesday, overcoming staunch opposition from conservative Republicans to win the 60 votes necessary to ensure passage. Before the final vote Wednesday, the Senate defeated a series of amendments that GOP members had demanded in exchange for dropping their threats to drag out the bill for days.

One of those opponents, Sen. Mike Lee of Utah, pushed back against McConnell's view. “I don’t understand how that’s a big win for Republicans,” he said. “I do think this is harmful to Republicans. We have a Republican leader in the House and a Republican leader in the Senate taking diametrically opposed positions. And I’m with McCarthy on this one.”

GOP leaders in the House are pressuring members to vote against the bill, which will have to rely on mostly Democratic votes to pass.

The office of House Minority Whip Steve Scalise, R-La., told Republicans the bill was "designed to sideline the incoming Republican House Majority by extending many programs for multiple years" and criticized its "large funding increases" for Democratic priorities.

The legislation also includes a rewrite of an 1887 federal election law to close loopholes that then-President Donald Trump and his team sought to exploit on Jan. 6, 2021, to make it harder for presidential candidates to steal elections. It would also grant extra funds to the Justice Department for Jan. 6 prosecutions.

Schumer said the election measures in the bill would “preserve our democracy for generations to come.”

Trump said it was "probably better" to reject the election changes.

"I don’t care whether they change The Electoral Count Act or not, probably better to leave it the way it is so that it can be adjusted in case of Fraud," he wrote on his social media platform, arguing that the desire in Congress to clarify the law validates his belief that the vice president had the power to overturn the 2020 result.

Proponents of the changes say that the 1887 law is poorly written and that it was never intended to give the vice president such power — and that the new legislation would make that abundantly clear.

“It’s going to stop the kind of stuff we saw on Jan. 6, where a sitting president tried to take the election and become dictator of this country,” Sen. Jon Tester of Montana, a moderate Democrat, said Wednesday on MSNBC’s "Morning Joe." “It’s an important piece of legislation that was worked on in a bipartisan way.”

 

The fight's not over, however. House Republicans have vowed to scuttle the bill Friday and shut down the government on Christmas Eve, but they'll need Democratic votes to do it. And frankly, the legislation locks funding into place for a lot of programs for two years, meaning Kevin McCarthy and the Dumbass Crew won't be able to take things apart this time next year.

No, I expect Nancy Pelosi's final act as the most effective and powerful House Speaker in generations will be to guide the House to pass the Senate version and hang up her gavel as the GOAT one last time.

America will miss her when it comes to whatever Republican takes her job in a couple weeks, because whoever it is, they are doomed. And I still say that it won't be McCarthy.

A Day Of Equality And Love

As promised, Senate Majority Leader Chuck Schumer and the Senate have passed legislation codifying same-sex and interracial marriages into law, forcing states who might otherwise reject them should the Obergefell decision fall to the conservatives on the Roberts Court to accept marriage licenses from any other state.

 

The Senate passed landmark legislation on Tuesday to mandate federal recognition for same-sex marriages, as a lame-duck Congress mustered a notable moment of bipartisanship before Democrats were to lose their unified control of Capitol Hill.

The 61-to-36 vote put the bill on track to become law in the final weeks before Republicans assume the majority in the House of Representatives at the start of the new Congress in January. It marked one of the final major legislative achievements for Democrats before Republicans shift the focus in the House to conducting investigations of President Biden’s administration and family members.

The bill must now win final approval by the House in a vote expected as soon as next week, which would clear it for Mr. Biden, who said he looked forward to signing it alongside the bipartisan coalition that helped shepherd it through the Senate.

In a statement, the president said the vote reaffirmed “a fundamental truth: Love is love, and Americans should have the right to marry the person they love.”

There was little question that the bill’s embrace in the Senate, where proponents had a breakthrough this month in drawing a dozen Republican supporters and overcoming a filibuster, gave it the momentum required to become law.

The bill would repeal the Defense of Marriage Act, which denied federal benefits to same-sex couples. It prohibits states from denying the validity of an out-of-state marriage based on sex, race or ethnicity. But in a condition that Republican backers insisted upon, it would guarantee that religious organizations would not be required to provide any goods or services for the celebration of any marriage, and could not lose tax-exempt status or other benefits for refusing to recognize same-sex unions.

“Because of our work together, the rights of tens of millions of Americans will be strengthened under federal law. That’s an accomplishment we should all be proud of,” said Senator Chuck Schumer, Democrat of New York and the majority leader.

Mr. Schumer audibly choked back tears on the Senate floor as he described how his daughter, who is married to a woman and expecting a baby with her wife, had lived in fear that their union could be reversed.

“I want them to raise their child with all the love and security that every child deserves,” Mr. Schumer said, noting that he was wearing the same purple tie he had worn to their wedding. “The bill we are passing today will ensure their rights won’t be trampled upon simply because they are in a same-sex marriage.”

Passage of the legislation in the Senate marked a watershed moment for a bill that began as a messaging exercise by Democrats determined to show their commitment to protecting same-sex marriage rights amid fresh threats from a conservative-leaning Supreme Court but has morphed into a broadly supported effort on the brink of becoming law.

 

Probably the biggest win here is the death of DOMA, the Clinton-era bill that stood for a quarter-century and gave states the right to reject same-sex marriages performed in other states, while denying federal benefits to same-sex couples. The provisions of DOMA were killed by SCOTUS in 2013's Windsor and 2015's Obergefell decisions, but the danger is that if the conservatives on the Roberts Court reversed those decisions, and Justice Clarence Thomas in particular has stated publicly that those two decisions are not settled precedent and are "errors" that need to be revisited, DOMA would have gone into effect again.

Not anymore.

We'll see where the SCOTUS Sinister Six go from here, but they have a lot more damage that they can do elsewhere, as we'll see this summer.

For now, expect quick passage in the House, and a bill on President Biden's desk within weeks.

Last Call For Shutdown Countdown: The Shutdownening

Control of the House remains up for grabs tonight, and may do so for days. Meanwhile, House Speaker Nancy Pelosi is making it clear that the first order of business in the lame duck session is disarming the debt ceiling bomb that Republicans will try to use next year in order to detonate the US economy.

Congressional Democratic leaders on Sunday vowed to tackle the nation's debt ceiling in coming weeks, saying their party's election victories offer them leverage even as Republicans have promised a potentially explosive fight.

U.S. House Speaker Nancy Pelosi and U.S. Senate Majority Leader Chuck Schumer said they would act while President Joe Biden's fellow Democrats control both chambers.

"Our best shot, I think, is ... to do it now," Pelosi told ABC News' "This Week" program. "Winning the Senate gave us a lot of leverage for how we go forward... in the lame duck," she said.

Schumer said that Senate Democratic leaders would meet this week to discuss the legislative path forward, though he declined to offer any specifics.

"The debt ceiling of course, is something that we have to deal with. And it's something that we will look at over the next few weeks," he said.

Democrats clinched control of the Senate late on Saturday. It is still not clear which party will control the House.

Biden's Treasury Secretary, Janet Yellen, has urged lawmakers to act before the new Congress is seated in January, with the nation's $31.4 trillion line of credit expected to be exhausted sometime in the first quarter of 2023.

The debt ceiling must be approved each time it needs to be raised in order to ensure that the United States avoids a default, which would have catastrophic effects.

The mechanism is meant to control the nation's rising debt, although it has been ineffective in recent decades.

Republicans have said the debt ceiling would be an "important tool" to rein in federal spending if they take control of the House.

Pelosi warned Republicans would use the debt fight to take aim at two popular health and income insurance programs for older Americans, Medicare and Social Security.

Pelosi and Chuck Schumer need to ditch the debt ceiling completely.  It's been done before, and it's frankly a 105-year-old relic. Move on.

Last Call For The Manchin On The Hill, Con't

For months now, WV Democratic Sen. Joe Manchin has been threatening "consequences" if he didn't get his pound of flesh in exchange for allowing Biden's Climate Change legislation to pass the Senate. 

The deal he made with Senate Majority Leader Chuck Schumer and House Speaker Nancy Pelosi was that Democrats would use budget reconciliation to pass energy legislation that Manchin wanted, including a new pipeline through West Virginia.

But then last week we found out that Senate Republicans aren't going to give Manchin his pipeline. 

 

It's true, Republicans don't want to give Manchin another Democratic win. But a Republican win, where Manchin bails on the party, gets his pipeline for WV as part of must-pass budget negotiations, and his sub-Biden approval numbers back in his home state skyrocket again?

 

Manchin may take that deal.

 

The other theory is that he's bluffing, and there's plenty of evidence for that, too.

We'll see.

 

Today, we find out Manchin is dropping that legislation from must-pass budget legislation.completely, and folding his hand. The latter was true, he was bluffing, and he got nothing.

Senate Democrats on Tuesday cleared the way for a key vote to take up a government funding extension to succeed after West Virginia Sen. Joe Manchin dropped a request to include in the stop-gap bill a controversial proposal on permitting reform that had come under sharp criticism from Republicans and liberals.

The vote had been on the verge of failing due to the inclusion of the measure, but now will likely have the support needed for the funding bill to move forward.

Senators released the legislative text of the stop-gap funding bill overnight – a measure that would fund the government through December 16.

In addition to money to keep government agencies afloat, it provides around $12 billion for Ukraine as it continues to face Russian military attack, and would require the Pentagon to report on how US dollars have been spent there. The aid to Ukraine is a bipartisan priority.

The continuing resolution also would extend an expiring FDA user fee program for five years.

Manchin’s permitting proposal would expedite the permitting and environmental review process for energy projects – including a major pipeline that would cross through Manchin’s home state of West Virginia. Senate Democratic leaders had been pushing to pass it along with government funding as a result of a deal cut to secure Manchin’s support for Democrats’ controversial Inflation Reduction Act – a key priority for the party – which passed over the summer.

But Republicans had been warning they will vote against the effort to tie permitting reform to the funding extension, in part because they don’t want to reward Manchin over his support for the Inflation Reduction Act.

Lawmakers are expected to pass a short-term funding extension by week’s end and avert a shutdown but they are up against the clock with funding set to expire on Friday at midnight.

The timing of the fight continues a pattern by Capitol Hill leaders in recent years of negotiating until the last minute to fund the federal government, leaving virtually no room for error in a series of events where any one senator could slow the process down beyond the deadline.

 

In the end, Manchin overplayed his party switch card against Democrats stabbing him in the back. Instead, his Republican colleagues stabbed him in the front.

 

It's still possible that this was a double-agent move where Manchin switches parties anyway, Manchin really is dumb enough to do that, but I'm pretty sure today is the day Joe Manchin learned that there are 99 other US senators besides Joe Manchin.

 

The only person who got played here was Manchin himself.

 

Couldn't have happened to a nicer guy.

Here (Doesn't) Come The Judge

Racist, sexist Senate Republicans never let an opportunity to screw over Senate Dems go to waste when it comes to petty procedural stuff to urt Black women, and they delivered again today in blocking the 3rd Circuit's first Black woman judge.

President Biden’s nominee to serve as the first Black woman judge on the 3rd Circuit Court of Appeals failed to win confirmation in the Senate Tuesday after two Democratic senators missed the vote: Sens. Maggie Hassan (N.H.) and Tammy Duckworth (Ill.).

Public defender Arianna Freeman’s nomination to the appeals court failed by a vote of 47 to 50. Senate Majority Leader Charles Schumer (D-N.Y.) voted “no” to give him the procedural flexibility to bring her nomination back to the floor at a future date.

Hassan and Duckworth were absent, as was Republican Sen. Todd Young (R-Ind.).

Every Republican present voted against the nominee.

If both absent Democrats had been present and voted “yes” along with Schumer, Freeman would have won confirmation in a 50-49 vote. Democrats also could have won Freeman’s confirmation in a 49-49 vote, with Vice President Harris breaking the tie because of Young’s absence.

Hassan is in New Hampshire, where voters are taking part in primary elections on Tuesday. Hassan also cast her vote in New Hampshire on Tuesday morning.

A senior GOP aide said Freeman’s confirmation failed because of Democrats’ “attendance problems,” while a senior Democratic aide downplayed the setback as something that happens from time to time in a narrowly divided Senate.

Freeman’s nomination to serve on the Philadelphia-based 3rd Circuit divided the Judiciary Committee along partisan lines earlier this year. Democrats and Republicans deadlocked 11-11 on a vote to discharge her to the floor.

A graduate of Yale Law school, Freeman has worked as a public defender for the Eastern District of Pennsylvania, representing state and federal inmates in challenging their convictions and sentences.

 

Republicans don't want Black women on the federal bench, they've made that clear over the last 21 months. They especially don't want female Black public defenders on the federal bench, because the federal bench is primarily the domain of rich white Federalist Society men who want to dismantle democracy and replace it with a white supremacist theocratic police state. 

So yes, they blocked her, forcing Schumer to bring her vote back up later, in case a red state Democratic senator dies or something and they can take over the Senate in the meantime.

Racism never stops being petty or hateful.

Ridin' With Biden, Con't

Despite my serious misgivings and a last-minute Kyrsten Sinema tantrum that almost sank the entire bill, Senate Democrats got it done on Sunday, passing the Inflation Reduction Act.

The Senate on Sunday passed the Inflation Reduction Act (IRA) along party lines, 51-50, handing Democrats a crucial legislative win as the midterm cycle ramps up -- despite GOP objections at the billions in spending and drug pricing reforms.

The sprawling climate, tax and health care legislation is now set up for quick passage in the Democratic-controlled House, with timing still to be announced, before President Joe Biden signs it into law.

Included in the bill, supporters are quick to highlight, are measures to foster job creation, raise taxes on large corporations and the wealthy, allow Medicare to negotiate down some prescription drug costs, expand the Affordable Care Act health care program and invest in combating climate change by implementing tax credits for clean energy initiatives, among other things.

Vice President Kamala Harris cast the tie-breaking vote in the Senate with all Democrats in support of the legislation and all Republicans opposed. The proposal was passed via the budget reconciliation process, which requires a simple majority rather than the 60 votes typically needed to overcome a filibuster.

The rules of reconciliation, however, limit what can and cannot be passed with 51 votes -- strictures that narrowed the legislation's scope even in the final days before the vote.

The legislation's tax provisions, prescription drug-pricing reform, as well as boosted IRS tax enforcement measures, are anticipated to raise an estimated revenue of $739 billion -- $300 billion of which Democrats say would go toward reducing the deficit.

The plan would reduce federal budget deficits by $102 billion over 10 years, according to the nonpartisan Congressional Budget Office. Despite the bill's name, however, the CBO found that it would have a minimal affect on high inflation in the short-term -- something Democrats have conceded when pressed.

The bill passed the Senate after a punishing, approximately 16-hour "vote-a-rama," in which any senator could introduce an amendment to the bill as part of the reconciliation process.

The amendment process fueled painful votes for each party.

Vulnerable Democratic incumbents up for reelection this year had to dance around a vote on the Biden administration's decision to scrap Title 42, a Trump-era order using coronavirus concerns to prevent migrants from entering the country while seeking asylum. Republicans, meanwhile, mostly voted against a Democratic amendment that would have capped out-of-pocket insulin costs at $35 a month for people with private health insurance.

 

These two things are not the same, but Both Sides Forever.

 

Seriously though, the bill passed the Senate.  Things still can go wrong in the House, but I'm feeling confident about Nancy Pelosi being able to line up the votes. 

Not a law until Biden signs it, but we're over the rough part.  For now.

Last Call For Ridin' With Biden, Con't

Despite my serious and considerable doubts that either Kyrsten Sinema would blow up the Inflation Reduction Act budget reconciliation legislation from the right, or that Bernie Sanders would blow it up from the left, or that Joe Manchin would super double secret probation blow it up from the moon anyhow, Senate Democrats got the votes started tonight and passed the first hurdle.

 

A divided Senate voted Saturday to start debating Democrats’ election-year economic bill, boosting the sprawling collection of President Joe Biden’s priorities on climate, energy, health and taxes past its initial test as it starts moving through Congress.

In a preview of votes expected on a mountain of amendments, united Democrats pushed the legislation through the evenly divided chamber by 51-50, with Vice President Kamala Harris breaking the tie and overcoming unanimous Republican opposition. The package, a dwindled version of earlier multitrillion-dollar measures that Democrats failed to advance, has become a partisan battleground over inflation, gasoline prices and other issues that polls show are driving voters.

The House, where Democrats have a slender majority, could give it final approval next Friday when lawmakers plan to return to Washington.

The vote came after the Senate parliamentarian gave a thumbs-up to most of Democrats’ revised 755-page bill. But Elizabeth MacDonough, the chamber’s nonpartisan rules arbiter, said Democrats had to drop a significant part of their plan for curbing drug prices.

MacDonough said Democrats violated Senate budget rules with language imposing hefty penalties on drug makers who boost their prices beyond inflation in the private insurance market. Those were the bill’s chief pricing protections for the roughly 180 million people whose health coverage comes from private insurance, either through work or bought on their own.

Other pharmaceutical provisions were left intact, including giving Medicare the power to negotiate what it pays for drugs for its 64 million elderly recipients, a longtime Democratic aspiration. Penalties on manufacturers for exceeding inflation would apply to drugs sold to Medicare, and there is a $2,000 annual out-of-pocket cap on drug costs and free vaccines for Medicare beneficiaries.

“The time is now to move forward with a big, bold package for the American people,” said Senate Majority Leader Chuck Schumer, D-N.Y. “This historic bill will reduce inflation, lower costs, fight climate change. It’s time to move this nation forward.”

Senate Minority Leader Mitch McConnell, R-Ky., said Democrats “are misreading the American people’s outrage as a mandate for yet another reckless taxing and spending spree.” He said Democrats “have already robbed American families once through inflation and now their solution is to rob American families yet a second time.”

Saturday’s vote capped a startling 10-day period that saw Democrats resurrect top components of Biden’s agenda that had seemed dead. In rapid-fire deals with Democrats’ two most unpredictable senators — first conservative Joe Manchin of West Virginia, then Arizona centrist Kyrsten Sinema — Schumer pieced together a package that would give the party an achievement against the backdrop of this fall’s congressional elections.

A White House statement said the legislation “would help tackle today’s most pressing economic challenges, make our economy stronger for decades to come, and position the United States to be the world’s leader in clean energy.”

Assuming Democrats fight off a nonstop “vote-a-rama” of amendments — many designed by Republicans to derail the measure — they should be able to muscle the measure through the Senate.

“What will vote-a-rama be like? It will be like hell,” Sen. Lindsey Graham of South Carolina, the top Republican on the Senate Budget Committee, said of the approaching GOP amendments. He said that in supporting the Democratic bill, Manchin and Sinema “are empowering legislation that will make the average person’s life more difficult” by forcing up energy costs with tax increases and making it harder for companies to hire workers.

 

There's still time to sink the bill with poison pill amendments, so we're nowhere out of the woods yet.  I still think there's a disaster coming, as do some of you.

 

But for now, the bill is now one step closer to becoming law.

Last Call For Sinema Verite, Con't

As Ed Kilgore said earlier this week, there's no reason to consider Sen. Joe Manchin's deal on climate change legislation a done deal, simply because Democrats will need all 50 Senate vote to pass anything in budget reconciliation, and it also means Republicans only need to present a united front and peel off one vote to amend the package, perhaps fatally so. President Manchin has signed on.

Co-President Kyrsten Sinema has not.  And now we will learn how steep her price will be.

Sen. Kyrsten Sinema (D-Ariz.) had a message for her Democratic colleagues before she flew home to Arizona for the weekend: She's preserving her options.

Why it matters: Sinema has leverage and she knows it. Any potential modification to the Democrat's climate and deficit reduction package — like knocking out the $14 billion provision on carried interest — could cause the fragile deal to collapse. 

Her posture is causing something between angst and fear in the Democratic caucus as senators wait for her to render a verdict on the secret deal announced by Senate Majority Leader Chuck Schumer and Sen. Joe Manchin last Thursday.

Driving the news: Sinema has given no assurances to colleagues that she’ll vote along party lines in the so-called “vote-a-rama” for the $740 billion bill next week, according to people familiar with the matter.The vote-a-rama process allows lawmakers to offer an unlimited number of amendments, as long as they are ruled germane by the Senate parliamentarian. Senators — and reporters — expect a late night. 

Republicans, steaming mad that Democrats have a chance to send a $280 billion China competition package and a massive climate and health care bill to President Biden, will use the vote-a-rama to force vulnerable Democrats to take politically difficult votes. 

They'll also attempt to kill the reconciliation package with poison pills — amendments that make it impossible for Schumer to find 50 votes for final passage.

The intrigue: Not only is Sinema indicating that she's open to letting Republicans modify the bill, she has given no guarantees she’ll support a final “wrap-around” amendment, which would restore the original Schumer-Manchin deal.

The big picture: Schumer made a calculated decision to negotiate a package with Manchin in secrecy. He assumed that all of his other members, including Sinema, would fall into line and support the deal.Now his caucus is digesting the specifics, with Sinema taking a printout of the 725-page bill back to Arizona on Friday for some dense in-flight reading. 

Schumer will find out this week if his gamble in keeping Sinema in the dark will pay off.

Frankly, with Democratic groups in Arizona already trying to primary her and without any luck in actually getting anyone to run against her so far, Sinema doesn't need to fear the Left on this, and she has no reason politically to pull her punches here. If she decides to take Schumer and Manchin working out a deal without including her as an insult, then this all gets burned down.

Remember, she's done it before.

Keep a weather eye on this one, because it could become a hurricane just as quickly as Manchin allowed a ray of sunshine to burn off the murk earlier this week.

Last Call For The Manchin, King Of The Hill, Con't

I've spent a good year plus slagging WV Dem Sen. Joe Manchin over his constant games, screwing Democrats over at every damn turn as his games consistently killed climate change and environmental legislation in President Biden's Build Back Better plan. Manchin was willing to play his 50th Dem vote at every turn, and he kept getting away with it.

That was until earlier this month when he finally stuck a pitchfork in the chest of the legislation and finally became the bad guy in the story.  The reaction from Democrats and the press was that Manchin would be remembered as one of the great villains in history, the man that killed climate change legislation and handed the planet over to Big Energy to cook all of us alive.

I've said before that Manchin, for whatever reason, didn't want his legacy to be nothing more than a back-country coal baron who screwed the planet over. But it didn't seem like he cared anymore.

And today, Manchin finally drove the knife in.

He drove it into Mitch McConnell's back for once.

Sen. Joe Manchin III (D-W.Va.) on Wednesday reached a deal with Democratic leaders on a spending package that aims to lower health-care costs, combat climate change and reduce the federal deficit, marking a massive potential breakthrough for President Biden’s long-stalled economic agenda.

The new agreement, brokered between Manchin and Senate Majority Leader Charles E. Schumer (D-N.Y.), opens the door for party lawmakers to try to advance the measure next week. It caps off months of fierce debate, delay and acrimony, a level of infighting that some Democrats saw as detrimental to their political fate ahead of this fall’s critical elections.

Under the deal, Schumer secured Manchin’s support for roughly $433 billion in new spending, most of which is focused on climate change and clean energy production. It is the largest such investment in U.S. history, and a marked departure from Manchin’s position only days earlier. The Democrats coupled the spending with provisions that aim to lower health-care costs for Americans, chiefly by allowing Medicare to begin negotiating the price of select prescription drugs on behalf of seniors.

To pay for the package, Manchin and Schumer also settled on a flurry of changes to tax law that would raise $739 billion over the next decade — enough to offset the cost of the bill while securing more than $300 billion for cutting the deficit, a priority for Manchin. Democrats sourced the funds from a series of changes to tax law, including a new minimum tax on corporations and fresh investments in the Internal Revenue Service that will help it pursue tax cheats.

Taken together, the package represents more than some Democrats once thought they might win from Manchin, who repeatedly has raised fiscal concerns with his own party’s ambitions. Only two weeks ago, the moderate from West Virginia, a coal-heavy state, signaled his opposition to new climate investments out of a fear that spending increases — funded in part by tax hikes — could harm the economy and worsen inflation.

“This is the most significant action we’ve taken on climate, that we will take on climate and clean energy, ever,” said Sen. Tina Smith (D-Minn.), who led Democrats on a plan that would have punished polluters in the electricity sector before Manchin blocked it.

But the new agreement still totals significantly less than Democrats had hoped to achieve through the more sweeping, roughly $2 trillion initiative known as the Build Back Better Act. Manchin angered many colleagues when he scuttled his party’s proposed overhaul to the country’s health care, education, climate, immigration and tax laws last December, a version of which passed in the House. Manchin described that since-abandoned plan in defiant terms Wednesday.

“For too long, the reconciliation debate in Washington has been defined by how it can help advance Democrats’ political agenda called Build Back Better,” Manchin said in a lengthy statement, referring to Democrats’ initial, larger spending package that bore Biden’s 2020 campaign slogan.

“Build Back Better is dead, and instead we have the opportunity to make our country stronger by bringing Americans together,” Manchin said.

Biden, meanwhile, described the legislation as “historic,” stressing in a statement: “This is the action the American people have been waiting for.” The White House had issued its own ultimatum earlier this month, stressing that if Congress didn’t act on climate change, then Biden would issue executive orders to address the issue.

“This addresses the problems of today — high health care costs and overall inflation — as well as investments in our energy security for the future,” Biden said.

With an agreement in hand, Schumer soon set about briefing members of his party on the bill, dubbed the Inflation Reduction Act of 2022. It came as a surprise to many Democratic lawmakers, illustrating the tumultuous and secretive negotiations between Schumer and Manchin, which have spanned months.

From here, Schumer aims to finalize the proposal and advance it through the process known as reconciliation. The tactic allows Democrats to move their spending bill through the narrowly divided Senate using their 50 votes and Vice President Harris’s tiebreaking power, sidestepping Republicans’ opposition and filibuster. Late Wednesday, Schumer said the hope is to “vote on this transformative legislation next week," though it is not yet clear if his entire caucus supports the scaled-back plan.

 

You see, Manchin and Schumer sat n this deal for weeks, maybe months.  Because Mitch McConnell and the Republicans, who thought the plan was dead,  looked the other way on Schumer's big piece of legislation, the CHIPS act.

The Senate voted Wednesday to pass a long-awaited bill aimed at boosting US semiconductor production in a bid to increase American competitiveness.

It passed with broad bipartisan support, 64 to 33.

The measure now goes to the House for approval before it can be sent to President Joe Biden for his expected signature.

The legislation is aimed at addressing a semiconductor chip shortage and making the US less reliant on other countries such as China for manufacturing. Supporters say the measure is important not only for US technological innovation, but for national security as well.

It sets up incentives for domestic semiconductor manufacturing as well as research and development and includes more than $50 billion in funding for that aim. It includes a number of provisions aimed at bolstering scientific research, including authorizing billions of dollars for the National Science Foundation, the Department of Commerce and the National Institute of Standards and Technology.

Senate Majority Leader Chuck Schumer has praised the bill as a major bipartisan achievement and touted it as highly consequential.

 

McConnell's threat was to sink the CHIPS act in the Senate if Democrats tried to pass any climate provisions at all through reconciliation. Confident that Manchin had killed the deal for good last month, McConnell and the GOP passed Schumer's bill.

 

And then Manchin hit Mitch in the back of the head with the new Inflation Reduction Act.

 

Schumer outsmarted Mitch, and Manchin did the right thing in the end.

 

Republicans got tricked, they got backstabbed, and quite possibly bamboozled.

 

And for once, the good guys won by giving the GOP a taste of their own medicine.

Another Day In Gunmerica, Con't

The Senate "Bipartisan Deal" on gun safety in the wake of lethal mass shootings in Buffalo NY and Uvalde, Texas has resulted in a toothless federal bill that shifts the burdens of adopting red flag and background check laws to states, and rewards state that refuse to implement either with more federal money for "crisis prevention". 

 

A bipartisan group of senators overcame some last-minute hurdles and released legislative text Tuesday on a narrow set of provisions to combat gun violence, including state funding to implement “red flag” laws and enhanced background checks.

“Today, we finalized bipartisan, commonsense legislation to protect America’s children, keep our schools safe, and reduce the threat of violence across our country," Sens. Chris Murphy, D-Conn., and John Cornyn, R-Texas, said in a joint statement along with Sens. Kyrsten Sinema, D-Ariz., and Thom Tillis, R-N.C.

"Our legislation will save lives and will not infringe on any law-abiding American’s Second Amendment rights. We look forward to earning broad, bipartisan support and passing our commonsense legislation into law,” they added.

Cornyn said earlier Tuesday that the senators agreed to address the so-called boyfriend loophole by limiting gun rights for non-spouse dating partners who are convicted of domestic abuse.

“Unless someone is convicted of domestic abuse under their state laws, their gun rights will not be impacted," he said on the Senate floor. "Those who are convicted of non-spousal misdemeanor domestic abuse—not felony, but misdemeanor domestic violence—will have an opportunity after five years to have their Second Amendment rights restored. But they have to have a clean record."

The legislation will offer red flag grants to every state, including those that do not adopt red flag laws, which can be used on other crisis prevention programs designed to prevent individuals in crisis from resorting to violence, said Cornyn, the chief GOP negotiator.

The boyfriend loophole and red flag provisions were the last two major sticking points between the core senators: Murphy, Cornyn, Sinema and Tillis.

"We are closing the boyfriend loophole," Murphy said. "This provision alone is going to save the lives of so many women who unfortunately die at the hands of a boyfriend or an ex-boyfriend who hunts them down with a firearm."

Murphy said the bill enhances background checks for people between the ages of 18 and 21, allowing up to three days to conduct checks, and an extra 10 days if there are signs of concern. He said it will contain tougher penalties for gun trafficking and "clarify" which sellers must register as a federal firearm licensee, which would force them to conduct background checks. And he said the bill expands money for mental health and school-based health.

The National Rifle Association quickly announced its opposition to the bill, arguing in a statement that the legislation “does little to truly address violent crime while opening the door to unnecessary burdens on the exercise of Second Amendment freedom by law-abiding gun owners.”

The evenly split Senate is expected to hold a procedural vote on the legislation as early as Tuesday night, with Senate Majority Leader Chuck Schumer, D-N.Y., saying he hopes to pass the bill this week. The initial vote would only require a simple majority to begin processing the legislation.

It remains to be seen whether there will be 60 votes to ultimately break a filibuster and end debate on the bill later in the voting process.

 

We'll see if the bill survives or not, but even if it does, in the era of the Roberts Court, states have to opt in individually and still get the money if they don't. 

Quite literally this is the best we're going to get on federal firearms legislation, and even then, it's an entirely optional law.

If it even becomes law, which is still very much in doubt.

 

The Manchin On The Hill, Con't

WV Democratic Sen. Joe Manchin has realized he's been out of the news cycle too long and that people might actually start blaming him for Democrats not being able to pass things in 2022, so he has to re-up the supply of bullshit.

Sen. Joe Manchin (D-W.Va.) told Axios on Thursday he's earnestly engaged in talks with Senate Majority Leader Chuck Schumer (D-N.Y.) over a climate, energy and deficit reduction package, reviving hopes for action this year.

Why it matters: Even a slimmed-down version of President Biden's Build Back Better package looked dead. But comments by Manchin, along with tempered optimism from some Democrats, suggests a Biden win on the Hill in this midterm year has gone from unlikely to possible.Biden, stuck at around 40% popularity, needs Manchin to revive his agenda. Manchin told Axios it's possible the latest talks still die.

Behind the scenes: As Manchin and Schumer try to repair a strained relationship, their staffs have been making progress on the contours of a climate and deficit reduction package, according to people familiar with the matter.Manchin called those preliminary talks “respectful” and “encouraging, to a certain extent.” 

"There could be nothing," Manchin told us in an interview. "There could be truly nothing. That’s all I can tell you.”

"Chuck has a very, very difficult job," Manchin added. "The trust that I have, it's his ability to be able to move 48 or 49 other people."Manchin noted he has not engaged directly with President Biden.

What's happening: Manchin this week told a bipartisan group of senators with whom he’s been negotiating over a climate and energy security bill that he’s prepared to back tax increases in a Democrat-only bill if the bipartisan group can't agree to any additional revenue.Manchin told Axios he understands why some Republican senators might conclude that a Democrat-only reconciliation package is his “ace in the hole,” giving him more leverage in the bipartisan talks. 

That left some senators thinking that Manchin may be closer to a deal with Schumer than they suspected and that he can jump tracks if he reaches an agreement.

Between the lines: The productive spirit of Manchin’s recent talks with Schumer has led some senators to believe that a reconciliation bill, with roughly $300 billion in energy tax credits and $800 billion in new revenue, is a possibility.A slimmed-down climate bill — though it would be much smaller than the $1.75 trillion climate and social spending package passed by the House last year — would give Democrats another legislative accomplishment to campaign on in the midterms. 

Legislation passed through the budget reconciliation process requires only a bare majority vote to pass, rather than the 60-vote threshold most legislation needs to overcome Senate filibusters.

Details: On Wednesday evening in the Capitol, Manchin met with the group, which includes Sens. Kevin Cramer (R-N.D.), Tom Carper (D-Del.), Bill Cassidy (R-La.), John Hickenlooper (D-Colo.), Mark Kelly (D-Ariz.), Mitt Romney (R-Utah), Brian Schatz (D-Hawaii), Kyrsten Sinema (D-Ariz.) and Mark Warner (D-Va.).Manchin said he'd indicated to his colleagues that "'there are options that are going to be there that you might have to consider'... I was as honest as I could be.” 

He also told senators that the Senate Energy and Natural Resources Committee that he chairs already has studied specific proposals on climate and energy independence, which many of them thought was the core charge of their bipartisan gatherings. 

 

Again, this President Manchin making his demands known. Chuck Schumer's job is to get 48 other Democratic senators on board with President Manchin, and makes his opinion clear that Schumer works for him.

Sadly, Schumer is such a spinless shitbag that there's nothing indicated here at all to disabuse any outside observer that Manchin is actually Senate Democratic Leader.

So when Manchin again delivers nothing over the next two months, the Senate goes on summer vacation and then campaign season starts, ending any hope of anything passing, it will be Schumer's fault.

Manchin's in sight of his goal of making sure the Dems never have more than 50 seats and keeping his power.

Folding Like A Lawn Chair

Senate Minority Leader Chuck Schumer (and I know what I said) wasted no time Monday giving Senate Majority Leader Mitch McConnell his biggest win of the not-quite post-Roe era so far.

Members of the US Senate passed a bipartisan bill Monday that would expand security protection to the immediate family members of Supreme Court justices, following protests at some justices' homes over the weekend. 

The Supreme Court Police Parity Act was approved by unanimous consent, meaning no senators objected to its quick passage. The legislation must also be passed by the House before going to President Joe Biden's desk for his signature. 

The push in Congress comes one week after Politico's bombshell leaked draft of an opinion, which indicated the Court is poised to overturn Roe v. Wade as soon as next month. 

Sens. John Cornyn, a Republican from Texas, and Chris Coons, a Democrat from Delaware, introduced the bipartisan bill called the Supreme Court Police Parity Act. 

"The events of the past week have intensified the focus on Supreme Court Justices' families, who are unfortunately facing threats to their safety in today's increasingly polarized political climate," said Cornyn in a news release ahead of the bill's passage Monday evening. "We must act to ensure Justices and their families are protected from those who wish to cause them harm by extending Supreme Court police security to family members." 

Coons added in the release: "If the families of Supreme Court Justices have the same profile and exposure as the highest ranking officials in our government, they deserve the same level of protection. We must take threats that come from extremes on both sides of the political spectrum against Supreme Court Justices seriously, and that makes this bill an unfortunate necessity." 

Over the weekend, pro-abortion rights protesters gathered outside the private homes of Justice Brett Kavanaugh and Chief Justice John Roberts in Chevy Chase, Maryland, outside Washington, DC. 

While protests around the country have been largely peaceful, law enforcement officials in the nation's capital have been bracing for potential security risks. Last week, an 8-foot-tall, non-scalable fence was installed around parts of the Supreme Court building, and crews set up concrete Jersey barriers blocking the street in front of the court. 

Senate Minority Leader Mitch McConnell slammed the protests outside some justices' homes, saying they may be "flat-out illegal," citing a federal law that criminalizes pickets with the intent of influencing a judge. 

"Trying to scare federal judges into ruling a certain way is far outside the bounds of First Amendment speech or protest; it's an attempt to replace the rule of law with the rule of mobs," the Kentucky Republican said in remarks on the Senate floor on Monday. 

 

So in a unanimous, bipartisan, historic vote, Schumer and all 50 Senate Dems agreed to the Republican framing that picketing Justices Kegstand and Alito is the liberal January 6th insurrection and that we have to protect judges from A N T I F A, and protesting peacefully is just as bad and probably even worse than the actual January 6th domestic terrorist seditious insurrection. On top of that, the unanimity of the Senate Democratic vote means Pelosi has no choice but to put this on the floor before the end of the week.

We can't kill the filibuster and pass a federal abortion law, but 100% of the US Senate agrees that pro-choice protesters need to go to fucking prison. In fact, the Biden Administration has scrambled to bash peaceful protesters.

 

.@POTUS strongly believes in the Constitutional right to protest. But that should never include violence, threats, or vandalism. Judges perform an incredibly important function in our society, and they must be able to do their jobs without concern for their personal safety.

— Jen Psaki (@PressSec) May 9, 2022

 

The judges decided that noone of child-bearing capability has any right to personal safety, folks. Protesting outside Kavanaugh's house is literally the least that needs to be done right now. 

If the Dems are trying to purposefully depress voting turnout over the end of Roe, I couldn't have asked for a more effective plan if I was Mitch himself. Remember, this wasn't a problem until Democrats actually used their free speech. Republicans can "threaten judges" all day.

Jackasses.

Big Chuck's Big Week

As I said earlier this week, I give Democratic Senate majority leader Chuck Schumer a lot of crap about two things in particular: not getting things passed and looking like an idiot, and not bragging about the things he does get passed. Apparently I'm not the only one, because this week Chuck is on a roll.

Passed by the Senate this week:

Emmett Till Antilynching Act

Postal Service Reform Act

The Budget Agreement

Aid to Ukraine

The Reauthorized Violence Against Women Act

— Chuck Schumer (@SenSchumer) March 11, 2022

Well now. This has been a list of badly needed legislation for over a year now, and Chuck cleans it up in a week.

The problem remains though that without a comprehensive voting rights bill, a bill to protect abortion as health care, and the provisions of Build Back Better, very little of this will matter in the future.

We need more of this, Democrats.

A lot more of this.

Mail-Pattern Boldness

I've given Senate Majority Leader Chuck Schumer a lot of crap over the years, but he delivered on the mail for once and in a huge way, with a new bill that will land on President Biden's desk to reform the US Postal Service.

The Senate on Tuesday approved a $107 billion financial overhaul of the long-beleaguered U.S. Postal Service, providing monetary relief for the agency that leaders say will allow it to modernize and invest in efficient service.

President Biden has signaled his intent to sign the legislation, which has already cleared the House.

The Postal Service Reform Act, which passed 79 to 19, provides financial flexibility for the mail agency to take on improvements that have been debated for years. Republicans have traditionally criticized the agency as a poster child for government waste and incompetence, even as it won high marks for approval and trust from the public. During the pandemic, Democrats hailed mail workers as everyday heroes and pushed the agency as an example of the benefits of robust government services.

But the Postal Service’s role throughout the coronavirus pandemic forced lawmakers to reach a consensus on restructuring its balance sheet, with worries that the agency could not withstand another financial shock. Nearly half of all voters cast their ballots by mail during the 2020 election, and postal workers hauled packages from doorstep to doorstep amid surging e-commerce demand, allowing individuals to purchase essentials remotely and stay home during public health shutdowns.

“The Post office usually delivers for us. Today we’re going to deliver for them,” Senate Majority Leader Charles E. Schumer (D-N.Y.) said on the chamber’s floor Tuesday.

The Postal Service has endured years of losses triggered by slumping mail volumes and a 2006 bill that required it to annually pre-fund retirees’ health-care costs. Declines in mail revenue have forced the agency to default on those health-care payments since 2011.

Tuesday’s bill gives the agency a significant reprieve, removing $57 billion in past-due postal liabilities and eliminating $50 billion in payments over the next 10 years. It requires future postal retirees to enroll in Medicare, a move that would add minuscule costs to the public health-care system but would save taxpayers $1.5 billion over the next decade.

The legislation also codifies new timely-delivery transparency requirements for the Postal Service, which has struggled with on-time service since Postmaster General Louis DeJoy took office in June 2020, and allows the agency to contract with local, state and Indigenous governments to offer basic non-mail services, such as hunting and fishing licenses.

“By passing this historic legislation, the Senate has shown the American people that we can come together, build consensus and pass meaningful reforms that will improve lives,” Sen. Gary Peters of Michigan, the bill’s lead Democratic sponsor, said in a statement. “This bill, which has been 15 years in the making, will finally help the Postal Service overcome burdensome requirements that threaten their ability to provide reliable service to the American people.”

The bill is the cornerstone of DeJoy’s 10-year restructuring plan. The mail chief has long been a foil of Biden and congressional Democrats because of his past as a Republican financier and the Postal Service’s delays ahead of the 2020 election.

Within weeks of taking office in summer 2020, DeJoy ordered workers to slow the delivery of the mail and presided over the scrapping of 671 high-speed mail-sorting machines and public mailboxes. The removals were unrelated to DeJoy’s policies, but critics saw them as part of President Donald Trump’s strategy to delegitimize mail-in voting.

Months after the election, DeJoy announced a 10-year vision for the Postal Service that included longer delivery windows and raising postage prices to cut costs and boost revenue. The proposal calls for shuttering 18 mail sorting plants and cutting post office hours.

He has also led the Postal Service to begin purchasing up to 148,000 gas-powered mail delivery trucks, rebuffing the Biden administration’s climate goals and concerns from environmental experts that the vehicles will permanently damage the planet and pose public health risks.

Rep. Gerald E. Connolly (D-Va.), one of the House’s lead postal advocates, plans to introduce legislation in the lower chamber Wednesday morning that would prohibit the Postal Service from enacting its contract with Oshkosh Defense for the trucks, worth up to $11 billion, unless the fleet is made up of at least 75 percent electric vehicles, according to two people involved with the legislation. The bill has 68 co-sponsors.

 

There's still a lot of work to do to modernize the USPS, but removing the $100 billion financial landmine underneath the agency was the biggest win here.  Yes, getting rid of Postmaster DeJoy is still quite necessary, and I hope that will happen soon now that President Biden has appointed new governors to the USPS oversight board.

But the real problem was always the $100 billion plus in pre-funded pensions around the agency's neck, and even Republicans it seems have gone along with not destroying the mail for now.

This one's a win, folks.

The Manchin On The Hill, Con't

West Virginia Dem Sen. Joe Manchin is at this point openly daring Democrats to do anything about him blocking Biden's agenda, and that he firmly believes that he is in 100% control of the country.

Joe Manchin made clear that his party’s push to isolate him and fellow centrist Kyrsten Sinema won’t force his hand on rules changes, once again rejecting Democrats' proposed reforms to the Senate’s filibuster rules.

The West Virginia Democrat actually seems to welcome the isolation. He told reporters ahead of a Democratic Caucus meeting he would not go along with instituting a talking filibuster, which could be used to evade the Senate’s 60-vote threshold, nor would he entertain a rules change by a simple majority.

Asked about his party's priorities, Manchin said people are most worried about inflation and coronavirus right now. He added that he’d welcome a primary challenge over his filibuster position if he runs again for reelection: "I've been primaried my entire life. That would not be anything new for me.”

“The majority of my colleagues in the Democratic caucus have changed their minds. I respect that. They have a right to change their minds. I haven’t. I hope they respect that too. I’ve never changed my mind on the filibuster,” Manchin said.

Though all 50 Senate Democrats support the voting and elections bill before the Senate, the Democratic caucus is pressing forward with laying blame on Manchin and Sinema (D-Ariz.) for the party's failure to advance sweeping elections reform, thanks to their resistance to weakening the filibuster. The move carries considerable risk, given that Sinema and Manchin will be essential to any further success the party can muster this year — particularly on any resuscitation of President Joe Biden’s economic agenda.

Manchin said he doesn’t “take anything personally” as Senate Majority Leader Chuck Schumer presses forward with a vote on weakening the filibuster. Schumer confirmed to reporters after the meeting that he would propose a talking filibuster only covering the package of bills currently in front of the Senate and dismissed Manchin and Sinema’s positions as out of step with the rest of the caucus.

“The vast majority of our caucus strongly disagree with Sens. Manchin and Sinema on rules changes. The overwhelming majority of our caucus knows that if you’re going to try to rely on Republican votes, you will get zero progress on voting rights,” Schumer said.

Schumer also would not say if he would support Manchin and Sinema in future Democratic primaries: “I'm not getting into the politics. This is a substantive, serious issue.” Sinema in particular could face a tough intra-party challenge in 2024.

The Senate Democratic caucus huddled on Tuesday evening to discuss the coming confrontation over changing chamber rules to help shore up the Voting Rights Act and enact federal election standards. During the meeting, Manchin “expressed disagreement” with the justification his party is using to change Senate rules, according to one attendee.


Under the talking filibuster proposed by Schumer, the voting and elections package would only require a simple majority to advance toward final passage, preceded by a lengthy debate. No further bills would get the same treatment; the Senate took up the election reform bill Tuesday and is expected to begin the rules debate on Wednesday.

Sen. Tim Kaine (D-Va.), who has been speaking to Manchin on rules changes, said Democrats have tried to come up with a proposal that's consistent with his and Sinema's positions and that they aren't worried the vote will alienate the two centrists.

"I was not a negotiator of the infrastructure bill — I was so happy they were, and I praised them for it, and I voted for it, and it's going to be great," Kaine said. "This voting bill is as important or more to many of us than the infrastructure bill. The time is nigh for a decision."

 

Last year, Manchin said he was open to the talking filibuster. Now he is 100% against it. And he's going to get away with blocking it, because the alternative is Senate Majority Leader Mitch McConnell, and everyone knows it. Both Senate Republicans and Senate Democrats continue to give him all of the power, and until that situation changes, nothing's going to pass.

The Manchin On The Hill, Con't

White House Press Secretary Jen Psaki scorched Democratic Sen. Joe Manchin on Sunday over Manchin's complete reversal on backing Biden's Build Back Better bill, and now we're getting details that indicate Manchin was never going to be on board with the bill's provisions.

After months of haggling with President Joe Biden and other Democrats, Sen. Joe Manchin (D-W.Va.) dashed his party’s hopes on Sunday by announcing he wouldn’t vote for the Build Back Better legislation.

Publicly, his biggest gripes are about the cost of the bill. But privately, Manchin has told his colleagues that he essentially doesn’t trust low-income people to spend government money wisely.

In recent months, Manchin has told several of his fellow Democrats that he thought parents would waste monthly child tax credit payments on drugs instead of providing for their children, according to two sources familiar with the senator’s comments.

Continuing the child tax credit for another year is a core part of the Build Back Better legislation that Democrats had hoped to pass by the end of the year. The policy has already cut child poverty by nearly 30%.

Manchin’s private comments shocked several senators, who saw it as an unfair assault on his own constituents and those struggling to raise children in poverty.

Manchin has also told colleagues he believes that Americans would fraudulently use the proposed paid sick leave policy, specifically saying people would feign being sick and go on hunting trips, a source familiar with his comments told HuffPost.

Manchin’s office declined to comment for this story.

In a statement on Sunday, he said he opposed the Build Back Better agenda largely because of its cost.

 

West Virginia is in nearly every category the poorest state in the nation, and Manchin apparently thinks that the massive number of impoverished in the state are all drug addicts for not being as rich as he is in a country of "endless opportunity" like America. 

Manchin's pretty terrible, but the Republican who will eventually replace him will be far worse. There are several bad Democrats, but there are no good Republicans. Keep that in mind.

So where do Dems go from here? For his part, Senate Majority Leader Chuck Schumer says Dems will be taking several "early 2022" votes on the Biden agenda.

The U.S. Senate will vote early next year on President Joe Biden's sweeping $1.75 trillion policy bill as well as on voting rights, the chamber's top Democrat said on Monday, despite conservative Democratic Senator Joe Manchin's opposition.

Senate Majority Leader Chuck Schumer unveiled plans for both votes on Monday, the day after Manchin -- who has stood as a roadblock to many Biden policies in the evenly divided chamber -- said in a television interview that he would not vote for the "Build Back Better" bill, dealing it a potentially fatal blow.

"The Senate will, in fact, consider the Build Back Better Act, very early in the new year so that every Member of this body has the opportunity to make their position known on the Senate floor, not just on television," Schumer wrote in a letter to colleagues.

Democrats need all of their members on board to pass legislation in the Senate. Biden and party leaders negotiated with Manchin for months to satisfy his concerns, but the West Virginia senator said on Monday that those talks were doomed to fail.

 

Schumer isn't playing here. That Dear Colleague letter named Manchin specifically.  But the fact remains as long as Manchin is a no, and that there remains unified resistance from the Senate GOP, nothing gets passed at all.

Something has to change or the vote fails. The question is what, if anything, will change at all.