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Justice

Gov. McDonnell Rebuffs Attorney General, Issues New Directive Protecting LGBT From Discrimination

McDonnellSteelGov. Bob McDonnell (R-VA) has issued a new directive distancing himself from Attorney General’s Ken Cuccinelli’s effort to strip LGBT protections from all state colleges and universities’ non discrimination policies.

The missive — which also updates the February 5th non-discriminatory policy — clarifies the “administration’s position on employment discrimination” and states that discrimination “based on factors such as one’s sexual orientation or parental status” will not be tolerated. Read the full directive here.

The Atlantic’s Marc Ambinder is also reporting that in a separate letter accompanying the directive, McDonnell’s chief of staff specifically instructs “state supported colleges and universities” to follow the new directive “:

While the separation of powers doctrine precludes the Governor from changing the Virginia Human Rights Act via Executive Order, he wants to be clear that discrimination in state employment will not be tolerated. As the chief executive officer for the Commonwealth, the Governor wants to establish a clear standard of conduct ensuring that all cabinet members, agency heads, managers, supervisors and employees of the Executive Branch understand and enforce state and federal law prohibiting employment discrimination. Independent agencies and state supported colleges and universities should likewise adopt a similar standard of conduct.

McDonnell initially supported Cuccinelli’s legal reasoning, telling the Washington Post on Monday that “[t]here’s a long list of opinions. It’s all separation-of-powers issues,” he said. “But that doesn’t mean that a governor can’t say to his managers, I will not tolerate discrimination in this administration.”

Public outrage over the Cuccinelli letter and impressive organizing campaigns on college campuses however, seemed to have pressured the politically ambitious McDonnell to issue the new, more inclusive, rules. The document is a big step froward for the Virginia government but still excludes gender identification from protection.

Update

To be clear, the message McDonnell issued does not have the authority of an executive order.

Security

Roy Beck: GOP Wasting Time On ‘Poor Immigrants,’ West Bank-Like Barrier ‘Would Be A Great Thing’

Earlier today, Roy Beck — head of the immigration restrictionist group NumbersUSA — appeared on G. Gordon Liddy’s radio show blasting Republicans who support “amnesty” for wasting their time on poor immigrant voters who will always vote for the “distribution Party.” Towards the end of the interview, Liddy and Beck appeared to agree that one way to fix the nation’s broken immigration system would be to build a double fence along the U.S. – Mexico border similar to the Israeli West Bank barrier:

BECK: You’re not going to get the immigrant vote if you’re a Republican by supporting amnesty. Because most immigrants are poor and poor people — especially when they come from the kind of countries that most of these poor immigrants come from are going to vote for the redistribution party and for bigger government. [...]

LIDDY: I’ve been over to Israel a number of times and they’ve got fences that work.

BECK: You bet.

LIDDY: They’re like Jersey barriers 18 feet high.

BECK: It would be a great thing…the idea was a double fence, you gotta have a double fence. Because the idea was you slow them down getting over the first wall. You’ve got these long distance cameras, they see the people working the first wall. And while they’re getting over the first wall and we’ve got boots on the ground — they’re driving between these two walls. And you either catch them or you get them on the other side of the wall, but that’s the whole idea.

Listen:

The implication that the U.S. should seek to build a border wall similar to the barrier Israel has constructed is jarring. The United Nations has documented that “it is difficult to overstate the humanitarian impact of the [Israeli] Barrier.” Amnesty International has written that the West Bank barrier violates “international humanitarian law” and has had the effect of turning “Palestinian towns and villages into isolated enclaves, cutting off communities and families from each other, separating farmers from their land and Palestinians from their places of work, education and health care facilities and other essential services.”

Meanwhile, in the U.S., experts have blasted the fencing that’s currently in place along the U.S. – Mexico border and further warned of the negative effects of its expansion. Research has found that the border enforcement is more successful at keeping undocumented immigrants in the U.S. than in persuading them to not come in the first place. U.S. government investigators have indicated that it will cost taxpayers $6.5 billion over the next 20 years to maintain the fencing already in place and the Congressional Research Service estimated in 2007 that building and maintaining a double set of steel fences along 700 miles of the U.S.-Mexico border would add up to $49 billion over the expected 25-year life span of the fence. Meanwhile, Mexicans with no interest in emigrating to the U.S. are largely offended. “Much of the international boundary between the world’s economic superpower and its far poorer neighbor is laden with tension — tension fueled by an unequal, unavoidable and unsettled relationship,” wrote NPR reporter Jason Beaubien after the wall’s construction. Environmentalists have added that more fencing could “spell environmental disaster,” even “the destruction of the borderlands region.”

While poverty is certainly a concern for the two communities, the suggestion that immigrants and Latinos vote for the Party that offers the most handouts isn’t just erroneous, it’s insulting. Ultimately, it was the GOP’s inability to offer anything but enforcement-only solutions backed by angry anti-immigrant rhetoric during the 2007 immigration debate that turned Latino and immigrant voters off from the Republican party in 2008. And if the GOP doesn’t “change its tune,” it may also render the Republican Party obsolete.

Media

CNN’s Crowley Suggests Democrats Debated Afghanistan Exit Strategy To ‘Make The Massa Story Go Away’

Today, the House of Representatives is debating H. Con Res. 248, a privileged resolution brought to the floor by Reps. Dennis Kucinich (D-OH), Walter Jones (R-NC), and others that required Congress to debate whether or not to continue the war in Afghanistan.

During one point in the debate, Rep. Patrick Kennedy (D-RI) delivered an impassioned speech against escalating in Afghanistan and condemned the media for its wall-to-wall coverage of the scandal surrounding former Rep. Eric Massa while ignoring the Afghanistan debate in Congress:

KENNEDY: What is shameful is our policy that puts them in harm’s way when they don’t need to be … Finally, if anyone wants to know where citizens are, there’s two pres people in this gallery. We’re talking about Eric Massa 24-7 on the TV, we’re talking about war and peace, $3 billion, 1,000 lives and no press, you want to know why the American public is fit? They’re fit because they’re not seeing their Congress do the work they’re sent to do. It’s because the press, the press of the United States is not covering the most significant issue of national importance and that’s the laying of lives down in the nation for the service of our country. It’s despicable, the national press corps right now!

Watch it:

Soon after the speech, CNN host Rick Sanchez asked State of the Union host Candy Crowley to comment on Kennedy’s media complaint. Crowley mused that it could be argued “one way or another” whether the Massa scandal was as important as debating the war in Afghanistan, and even suggested that Kennedy made his speech because “the Democrats in particular and certainly…Kennedy would like the Massa story to go away“:

CROWLEY: I think think it is one that — what he is arguing — is that it is one of perspective and [he] obviously believes that Massa’s been given too much attention where the war in Afghanistan is not. You know, we could argue one way or the other, but it is very clear that he –the Democrats in particular and certainly Congressman Kennedy in specific would like the Massa story to go away.

Watch it:

Given that 895 American soldiers have died in combat in Afghanistan and the U.S. is spending $101 million a day on the war — which has lasted longer that World War II — there are plenty of good reasons for Congressional Democrats to be debating an exit strategy from Afghanistan other than to distract from a minor scandal.

Update

The resolution failed 65-356. The full roll call of the vote is here.

Economy

16 Senators From States With Double-Digit Jobless Rates Vote Against Extending Unemployment Benefits

Senate Minority Leader Mitch McConnell (R-KY)

Senate Minority Leader Mitch McConnell (R-KY)

Today, the Senate passed a bill extending jobless benefits for the rest of the year by a 62-36 vote. Extending unemployment benefits following a recession like one the country just experienced should be a no-brainer, but as Sen. Jim Bunning (R-KY) and his supporters displayed last month, such a step is by no means a slam-dunk.

Throughout the course of the recession, the economy shed 8.4 million jobs, and there are currently six workers for every available job opening. The national unemployment rate is at 9.7 percent, and in many states it is much higher. 41.2 percent of the unemployed have been out of work for 27 weeks or more, which is the highest since 1948. Just to make up for the jobs lost during the recession (not accounting for population increases), the economy would have to produce 350,000 jobs per month for two full years.

Still, 36 senators saw fit to vote against extended benefits (as well as extending COBRA, which helps unemployed workers pay for health insurance). Here are the 16 senators from states with double-digit unemployment (according to the latest figures, released today by the Bureau of Labor Statistics) who voted against the bill:


SENATORS STATE UNEMPLOYMENT RATE
Sens. Jeff Sessions and Richard Shelby Alabama 11.1%
Sen. George LeMieux Florida 11.9%
Sens. Saxby Chambliss and Johnny Isakson Georgia 10.4%
Sen. Dick Lugar Indiana 11.1%
Sens. Jim Bunning and Mitch McConnell Kentucky 10.7%
Sens. Thad Cochran and Roger Wicker Mississippi 10.9%
Sen. John Ensign Nevada 13.0%
Sen. Richard Burr North Carolina 11.1%
Sens. Jim DeMint and Lindsey Graham South Carolina 12.6%
Sens. Lamar Alexander and Bob Corker Tennessee 10.7%

This vote is in line with a trend among conservatives in Congress, who have taken to displaying a callous disregard for the plight of the unemployed by continually claiming that unemployment benefits discourage people from looking for work. Rep. Dean Heller (R-NV), for instance, said that extending benefits is creating “hobos,” while Rep. Steve King (R-IA) said “we shouldn’t turn the ‘safety net’ into a hammock.” Sen. Jon Kyl (R-AZ), who voted against the bill today, said benefits stunt job-seeking “because people are being paid even though they’re not working.”

Sens. Kit Bond (R-MO), Olympia Snowe (R-ME), Susan Collins (R-ME), Lisa Murkowski (R-AK), George Voinivich (R-OH) and David Vitter (R-LA) joined all of the Democrats except Sen. Ben Nelson (D-NE) in voting for the measure. Sens. Robert Byrd (D-WV) and Claire McCaskill (D-MO) did not vote. The Senate bill now has to be reconciled with a bill passed by the House last year. House Ways and Means Chairman Sandy Levin (D-MI) is reportedly considering pushing for a conference committee to work out the differences.

Yglesias

Endgame

I had to get to Copenhagen:

— Roudup of problems with the Ryan Ripoff.

— Lamar Alexander really hates unions, really loves FedEx.

— John Roberts doesn’t like to be criticized.

— I think this is bad counterfactual reasoning, and any of Kerry, Gephardt, Edwards, and Dean would have made okay presidents.

— Sovereign debt, a historical overview.

— I think a primary challenge to Bart Stupak is likely to help focus his mind on what really matters in health reform.

New Ted Leo, “Brutalist Bricks”.

Politics

Six Democrats Side With Banks, Ask For ‘Alternative’ To Landmark Student Lending Reform

sallienew One of the greatest hardships facing America’s college students is student debt; the average student in the class of 2008 graduated with $23,000 of debt, “a figure 25 percent higher than what their older brothers and sisters owed when they graduated from college in 2004.”

To tackle this student debt crisis, last year the House of Representatives passed the Student Aid and Fiscal Responsibility Act (SAFRA), which expands and improves successful student aid programs like the Pell Grant and the Perkins Loan program, and eliminates billions of dollars in subsidies to wasteful private lenders by arranging loans directly with students instead of through bank middlemen.

The Senate is currently deliberating over its own version of the bill, and it is one Senate floor vote away from being signed into law by the President. However, the student lending industry has launched an “aggressive lobbying campaign” of senators representing states where big lenders are based, scaremongering about job losses resulting from passing SAFRA. Now, it appears that their lobbying is paying off, as six Democratic senators have written to Sen. Tom Harkin (D-IA), chairman of the Senate Health, Education, Labor and Pensions Committee, asking him to “consider potential alternative legislative proposals” to SAFRA’s major lending reforms:

Six Democrats signaled deep concerns with their chamber’s student lending reform bill on Tuesday, imploring party leaders to “consider potential alternative legislative proposals” in the coming days.

That could spell trouble for Sen. Tom Harkin (D-Iowa), the chairman of the Senate Health, Education, Labor and Pensions Committee, and other Democratic leaders, who once hoped to advance the Student Aid and Fiscal Responsibility Act to the president’s desk using the chamber’s 50-vote reconciliation process.

In a brief letter dated Tuesday, Democratic Sens. Bill Nelson (Fl.), Tom Carper (Del.), Blanche Lincoln (Ark.), Jim Webb (Va.), Mark Warner (Va.) and Ben Nelson (Neb.) describe reform to the country’s “higher education funding” system as a “priority.” But the group…also express concerns the Senate’s lending bill could ultimately result in local job loss.

While the senators may be claiming that passing SAFRA would result in job losses in their states, the truth is that it would be minimal at worst. The fact is that only 30,000 people at most are employed in the student lending industry. And because the companies would still be in charge of servicing all the government issued loans, servicing jobs could actually increase. For example, “Nelnet (Ben Nelson’s biggest donor) saw their servicing revenues [increase] 13% in 2009 as a result of a contract they won to service student loans for the Department of Education.”

One way to avoid a filibuster by Republicans and lender-friendly Democrats is to pass SAFRA with the health care legislation in one reconciliation bill. The Hill reports that “a Democratic official familiar with negotiations” over the student lending bill has told them that the leadership has already decided to “pair [the] overhaul of student lending with healthcare reform,” although Senate Majority Leader Harry Reid’s (D-NV) office says “no final decision has been made.” Using reconciliation for a major education reform bill would hardly be without precedent. In 2007, the Senate passed the College Cost Reduction Act of 2007 through the reconciliation process by an overwhelmingly bipartisan vote of 79-12.

Health

Shadegg Blames Retirement On Democrats’ Failure To Include High-Risk Pools In Health Reform

This morning, C-SPAN’s Washington Journal invited Rep. John Shadegg (R-AZ) — a 25-year veteran of Congress who is retiring from Congress at the end of this term — to discuss the prospects of health care reform passing the Congress. Asked to explain his reason for retiring, Shadegg said he was frustrated with Democrats’ reluctance to include Republican ideas in the health care reform bill and cited one “stunning” example in which Democrats didn’t even understand the Republican proposal:

SHADEGG: One of the big issues that I find stunning. Republicans proposed to deal with pre-existing conditions through what are called high-risk pools. As a week before the House bill passed, I was in a meeting where Democrats said, “well, what’s a high risk pool?,” and didn’t understand it. And then, two weeks ago at the summit, both Secretary Sebelius and President Obama revealed they don’t understand a high-risk pool and yet it’s not all that complicated. So I think Republicans were left out and that becomes frustrating. That contributed to my decision to say, “it’s time to move on.”

Watch it:

If Shadegg is leaving Congress because Democrats didn’t include high-risk pools in health care reform or failed to understand the idea, he should reconsider. Both the House and Senate health care bills would establish a federal high-risk pool that would allow Americans with pre-existing conditions to find affordable coverage in the period before the exchanges become available.

In fact, President Obama has long embraced the high-risk pool concept — which was part of Sen. John McCain’s (R-AZ) health care reform plan. “For those Americans who can’t get insurance today because they have pre-existing medical conditions, we will immediately offer low-cost coverage that will protect you against financial ruin if you become seriously ill. This was a good idea when Senator John McCain proposed it in the campaign, it’s a good idea now, and we should embrace it,” Obama said in September of 2009.

It’s worth noting that Shadegg would probably argue that Obama didn’t adopt McCain’s exact proposal, which called for funding state-based high risk pools. But Shadegg can’t expect Democrats to simply swallow Republican ideas; modifying and improving provisions is the very definition of compromise. As ABC News’ Teddy Davis points out, “by doing the risk pool at the federal level, it eliminates the risk that the program will become an unfunded mandate on the states. Currently, over 30 states have high-risk pools” and they “have struggled, however, to provide affordable insurance due to underfunding.

Yglesias

The Path to Filibuster Reform

capitol1 1

At a “progressive media summit” today, Harry Reid laid out a vision for filibuster reform. Sam Stein reports:

Reid’s embrace of filibuster reform comes after he previously threw cold water on the likelihood of getting the rules changed. His reference to the “next Congress” stands out. To change Senate rules in the middle of the session requires 67 votes, which Democrats clearly don’t have. But changing the rules at the beginning of the 112th Congress will require the chair to declare the Senate is in a new session and can legally draft new rules. That ruling would be made by Vice President Joe Biden, who has spoken out against the current abuse of the filibuster. The ruling can be appealed, but that appeal can be defeated with a simple majority vote.

To spell this out a bit, the issue has to do with the ambiguity over whether or not the Senate starts anew each time a new Senate is convened. To change the Senate’s rules takes 67 votes. But one way of looking at it is that after each election you have a brand new Senate that needs to adopt a set of rules and can do so by majority vote. That’s always been a controversial proposition, but there’s precedent in terms of rulings from Nelson Rockefeller when he was VP and the filibuster was last reformed. The model isn’t necessarily that you force a change through with 50 votes plus the VP.

The way this actually worked in the mid-seventies was that the threat to proceed with 50 votes, plus the reality that support for reform was growing, created incentives for Senators to reach a compromise.

Politics

Ignoring His Own Votes, Bond Claims Reconciliation ‘Cannot’ Be Used For ‘Major’ Legislation

Repeating conservative lies about reconciliation, Sen. Kit Bond (R-MO) told MSNBC’s Andrea Mitchell today that reconciliation for health care reform “procedurally cannot be done.” Claiming it was never used for major legislation without “overwhelming bipartisan support,” Bond predicted the Senate will ultimately not be able to pass the health care bill through the reconciliation process:

BOND: Well, first of all the president shouldn’t get his allies to cram through on reconciliation, something to which the American people overwhelmingly object. They object to reconciliation. It was never meant to pass major substantive changes, whether they are trying to make a bad bill slightly less worse. No matter how much you put on the outhouse, it would still smell bad.

MITCHELL: Well, that may be a great Missouri expression but that same outhouse was used for the bush tax cuts and for other major legislation in republican years. why shouldn’t the democrats do exactly what the republicans have been doing?

BOND: Major legislation was passed on reconciliation. Everything from the civil rights to social security passed, overwhelming bipartisan support. Reconciliation was meant to deal only with revenue issues, like — dealing with taxes and spending. Not making substantive changes, which the Speaker is trying to convince the house democrats will be made. They will not be made because procedurally it cannot be done.

Watch it:

Bond’s argument is wrong on several counts. Congressional Democrats do not plan to use reconciliation to make “major substantive changes,” but rather to modify revenue issues, like taxes and spending, while keeping most of the bill that already passed the Senate intact.

Regardless, Bond voted for “substantive” bills using the reconciliation process when he was part of the Republican-controlled Senate under President Bush. They used reconciliation to pass “major” domestic policy legislation, including the Bush tax cuts in 2001 and 2003, and important changes to health care policy. In 2005, Bond railed against the filibuster — the use of which has forced Democrats to consider using reconciliation — calling it a “product” of recent Senate rules that “does not derive from the authority of the Constitution.”

Regarding his claim of bipartisan support for reconciliation bills in the past, the Wonk Room’s Igor Volsky has documented how the Senate under Bush passed three reconciliation bills with three or fewer Democratic votes. The 2003 Bush tax cuts were supported by only two Democrats and needed Vice President Cheney’s tie-breaking vote.

And the American people do not “overwhelmingly object” to using reconciliation for health care. A recent Progressive Change Campaign Committee poll of key states found majorities would not “object to the Senate’s use of ‘reconciliation’ rules to pass that bill with a majority vote.” Even 58 percent of people from Bond’s state of Missouri said they would not object.

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