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Election

Former Massachusetts Senator Suggests He Might Run In New Hampshire

Scott Brown, the Republican who served for two years as a Massachusetts senator, told Fox News Sunday he hasn’t ruled out retooling his senate ambitions to focus on the seat from the neighboring state of New Hampshire. Brown originally won the Massachusetts seat held by Sen. Ted Kennedy (D-MA) in a 2010 special election after Kennedy passed away, but was booted from office two years later with the election of Sen. Elizabeth Warren (D-MA).

Brown said “nothing’s off the table and nothing’s on the table” when he was asked about a possible New Hampshire run this morning by Chris Wallace, but not before fellow panelist Karl Rove was able to slip in an attempt to justify Brown’s dual-state loyalties:

CHRIS WALLACE Senator Brown, there is talk that you mighty make Senate run again in 2014. But not in Massachusetts, in New Hampshire. Why new Hampshire?

SCOTT BROWN: I’m not gonna comment on that obviously. I think it’s important to continue to do my job here and challenge people to do things better.

WALLACE: But you did say nothing’s off the table.

BROWN: Nothing’s off the table and nothing’s on the table. Right now I’m recharging the batteries and working hard.

KARL ROVE: This guy is a ninth generation New Hampshirite. That’s the dirty little secret. His mother lives there.

Brown’s current job is counsel and de facto provider of Washington contacts for the law and lobbying firm Nixon Peabody. (Senators may not engage in out-and-out lobbying for two years after leaving office, under United States law.) Among their clients is the Wall Street titan Goldman Sachs, which gave Brown $10,000 in PAC donations for the 2012 campaign cycle, along with over $100,000 more in contributions from the bank’s individual employees.

During his short stay in the Senate, Brown worked to water down and weaken the financial regulatory law Dodd-Frank, and earned the moniker of one of “Wall Street’s Favorite Congressmen” from Forbes Magazine.

Brown has since joined Fox News Channel as a contributor, and according to The Hill he owns a house in New Hampshire and has emphasized his family ties to the state.

Climate Progress

McCarthy EPA Hearing: GOP Senators Focused On Climate Denial, Email, And IM

Republicans tried and failed to pin anything on Assistant Administrator for EPA’s Office of Air and Radiation, Gina McCarthy. When she appeared before the Senate Environment and Public Works Committee as President Obama’s nominee to be the next EPA Administrator, some Senators focused on substance, and others focused on denying climate change or asking about email addresses and instant messenger.

First some reality. Echoed by several of his colleagues, Senator Bernie Sanders’s opening statement broke through the rhetoric and clarified the debate over McCarthy, EPA, and climate change. After hearing Senator Barrasso’s hyperbolic opening statement about “extreme emissions rules” and the “war on coal” (in fact, the industry is growing under President Obama), he cut to the chase.

This is not a debate about Gina McCarthy. Senator Barrasso made it very clear what this debate is about. It is a debate about global warming, and whether or not we are going to listen to the leading scientists of this country who are telling us that global warming is the most serious planetary crisis that we and the global community face — and whether we are going to address that crisis in a serious manner.

And in essence what Senator Barrasso has just said is “no” — he does not want the EPA to do that. He does not want the EPA to listen to science. What he wants is us to continue doing as little as possible, as we see extreme weather disturbances, drought, floods, and heat waves all over the world take place. So let me go on record as saying I want the EPA to be vigorous in protecting our children and future generations from the horrendous crisis that we face, from global warming.

Across the dais, the rhetoric had a different focus. Senator Boozman said that he is an optometrist by trade, and is therefore “familiar with the scientific world.” He used this familiarity to question EPA data release and personal confidentiality practices. McCarthy politely answered his question with a promise to ensure he had all the data he needed, ostensibly to run climate models on his own time.

Several GOP Senators focused their questions on transparency, particularly the ongoing debate over secondary email addresses used by past EPA Administrators. As Chairwoman Boxer noted, the practice of having a secondary email address was started by EPA Administrator Christine Todd Whitman because Administrators can get up to 41,000 emails per day. Even so, McCarthy stated she has never used her personal account for official EPA business.

In fact, when Senator David Vitter asked her about her use of instant messenger, she replied that one of the things about being 58 is that she has no idea how to use IM. A large portion of many GOP Senators’ questioning revolved around these irrelevant email issues, instead of cleaning up the environment, climate change, or air pollution.

No hearing about the EPA would be complete without some denial of climate change, and while Senator Inhofe certainly did his best to fill that role, Senator Sessions stood out in terms of the substance and the condescending manner in which he asked whether it was really getting warmer.

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Justice

Majority Leader Reid Threatens Second Round Of Filibuster Reform


In an interview with a public radio station in Nevada Friday, Senate Majority Leader Harry Reid (D-NV) indicated that the weak-tea filibuster reforms Senate Republicans agreed to last January may not be the last round of reforms during the current Congress — at least if Senate Republicans continue to filibuster judges without good reason or consequence. During the interview, Reid threatened to invoke a process championed by Senate Republicans in 2005 in order to change the Senate’s broken rules and end conservative roadblocks against judicial confirmations:

“All within the sound of my voice, including my Democratic senators and the Republican senators who I serve with, should understand that we as a body have the power on any given day to change the rules with a simple majority, and I will do that if necessary,” Reid said on Nevada Public Radio.

Reid last year adopted the position that rules could be changed using a simple majority — instead of a filibuster-proof majority — if done on the first day of the legislative session. But these recent comments appear to signal that he believes he has an even broader ability to reshape the chamber’s rules. . . . “I’m a very patient man. Last Congress and this Congress, we had the opportunity to make some big changes. We made changes, but the time will tell whether they’re big enough. I’m going to wait and build a case,” Reid said. “If the Republicans in the Senate don’t start approving some judges and don’t start helping get some of these nominations done, then we’re going to have to take more action.”

It is certainly good news that Reid appears willing to push more serious filibuster reforms through the Senate, but the ultimate test is whether he and 50 of his Senate colleagues have the resolve to actually pull the trigger on rules changes if Senate Republicans continue to erect barriers to judicial confirmation.

The last time this drama played out, with Democrats and Republicans each playing the opposite role, President Bush nominated several unusually ideological judges to federal appeals courts. These included Priscillia Owen, who took thousands of dollars worth of campaign contributions from Enron when she sat on the Texas Supreme Court, and then wrote an opinion reducing Enron’s taxes by $15 million. And Janice Rogers Brown, who compared liberalism to “slavery” and court decisions upholding the New Deal to a “socialist revolution” before joining the federal bench, and who wrote an opinion suggesting that all labor, business or Wall Street regulation is constitutionally suspect last year.

Nevertheless, few people doubted in 2005 that Senate Republicans were prepared to nuke the filibuster in order to confirm Bush’s slate of nominees, and seven Democratic senators eventually capitulated almost entirely to Republican demands and allowed both Owen and Brown to be confirmed in order to preserve the filibuster. In light of the Senate GOP’s effective use of that filibuster to block much of President Obama’s agenda and nominees, this capitulation now looks even more ill-considered in hindsight than it did at the time it occurred.

President Obama has never nominated anyone as far to the left as Judge Brown is to the right — indeed, it is not clear that anyone other than an avowed communist would fit that bill. Nevertheless, there is a lesson in the 2005 fight that made Brown a federal judge that Reid should take to heart: the best chance of convincing enough Senate Republicans to break with their party and stop filibustering Obama’s judicial nominees is for Reid to first convince them that he will pull the trigger on major rules reform unless they stop hindering the confirmation process.

And if Senate Republicans try to call Reid’s bluff by filibustering another nominee, Reid must show that he wasn’t bluffing.

LGBT

Petitions Pressure Final 3 Democratic Senators To Support Marriage Equality [UPDATED]

There are now only eight three Democrats in the Senate who have not voiced public support for full marriage equality. MoveOn.org has launched petitions against each of them, urging them to join their colleagues and abandon their past support of discrimination against gays and lesbians:

At this point, 48 Senators already support marriage equality, so it would only take three of these Democrats to establish a majority on the issue. While some seem to be evolving — or stalling, as the case may be — it seems others are quite content to continue ignoring the lives of same-sex families in their home states.

Update

This post has been updated to reflect that Sens. Carper, Nelson, Heitkamp, Donnelly, and Johnson have come out for marriage equality since this was first published.

Climate Progress

7 Deadly Amendments That Would’ve Protected Dirty Energy And Trashed The Climate

This weekend, Senate Democrats passed a federal budget for Fiscal Year 2014. In order to do so, Senate rules allow for consideration of any amendment that is brought to the floor. Senators introduced hundreds of amendments, which resulted in a “vote-o-rama.”

Many conservatives offered amendments to undermine existing and potential public health safeguards, particularly those that would attempt to reduce climate pollution. Below are seven deadly amendments to curtail protection for our children’s health and heritage. As usual, these conservatives are focused on protecting dirty energy companies profits at the expense of public health.

  • Blunt #261: This amendment would have blocked future legislation to impose a carbon tax or fee to reduce industrial carbon pollution and raise revenue. Specifically, the amendment would create a “point-of-order” against any carbon tax measure that could only be overcome with a three-fifths vote of legislators. While it would have been a mostly symbolic move, the fossil fuel industry’s friends in the Senate are reiterating their opposition to government action on climate pollution. However, the impacts of climate change have already been felt across the country — in 2011 and 2012, the United States suffered from 25 climate related storms, floods, heat waves, drought, and wildfires that each caused at least $1 billion in damages, with a total price tag of $188 billion. The Blunt amendment would allow these damages and costs to grow unchecked. Result: FAILED 53-46
  • Coats #514: This amendment would have struck down key Clean Air Act protections by authorizing the President to exempt any industrial facility from complying with air toxics standards for two-year periods. Essentially, the amendment would have given a free pass to coal-burning power plants from EPA’s 2011 Mercury and Air Toxics Standards, which were put in place due to the well-documented health risks of mercury, arsenic, and the millions of pounds of additional hazardous chemicals. Methylmercury from coal pollution accumulates in fish, poisoning pregnant women and small children. Mercury can harm children’s developing brains, including effects on memory, attention, language, and fine motor and visual spatial skills. Upgrades to the aged and dirty coal plants will also significantly reduce harmful particle pollution, preventing hundreds of thousands of illnesses and up to 17,000 premature deaths each year. “The ‘monetized’ value of these and certain other health benefits would amount to $37–90 billion per year,” the Environmental Protection Agency determined. Republicans are once again trying to protect the dirty energy industry over our children’s health. Result: FAILED 46-53
  • Alexander #516: This would “repeal … the wind production tax credit.” The PTC provides a tax credit of 2.2 cents per kilowatt hour of electricity to encourage investment in clean wind energy. A CAP analysis determined that “wind power helps lower electricity prices.” Along with state renewable portfolio or electricity standards, the PTC has enabled “the wind industry … to lower the cost of wind power by more than 90% [and] provide power to the equivalent of over 12 million American homes.” A Navigant Consulting analysis predicted that eliminating the PTC would cost 37,000 jobs. Some argue that we should end tax provisions for clean technologies, including wind. However, this ignores the fact that the oil and gas industries have received $80 in support for every $1 for wind and other renewable energy sources over the past 95 years. In addition, the Alexander amendment would ignore the annual $4 billion in special tax breaks for big oil companies. Result: Did not come to the floor for a vote.
  • Inhofe #359: This amendment would “[prohibit] further greenhouse gas regulations for the purpose of addressing climate change.” This would have prevented the EPA from enforcing the Clean Air Act as interpreted by the Supreme Court, which ruled that EPA is required to regulate carbon and other climate change pollutants that endanger public health and welfare. EPA proposed the first carbon pollution standard for new power plants in 2012. After it is finalized, EPA must set limits on carbon pollution from existing power plants — responsible for two-fifths of U.S. carbon pollution. Such reductions are essential to stave off the worst impacts of climate change. Result: FAILED 47-52

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Climate Progress

Senate Gone Wild: Vote To Approve Keystone Passes, Decision Still Lies With White House

Tonight, 62 Senators voted for an amendment to the Fiscal 2014 Budget Resolution that attempts to give Congress the power to approve the Keystone pipeline. This is despite the fact that the pipeline would do nothing to make the country more energy independent, and would create far fewer jobs than its supporters claim.

While some conservatives may claim the pipeline would create “more than 20,000 direct jobs,” the most recent State Department impact assessment found that the pipeline would directly create only “3,900″ temporary construction jobs. After construction is complete, the operation of the pipeline would only support 35 permanent and 15 temporary jobs, with “negligible socioeconomic impacts.” Moreover, only 10 percent of the total workforce would be hired locally. For perspective, our country had 3.4 million green energy jobs in 2011 and it was the fastest-growing industry in the country.

The State Department’s report also made clear that at least some of the Keystone oil will be refined and then exported, in response “to lower domestic gasoline demand and continued higher demand and prices in overseas markets.” This means the pipeline adds nothing to U.S. energy security, a key talking point used by proponents. It also means that the pipeline is a way for the industry to get access to steeper oil prices in foreign markets. So why the intense push in the U.S. Senate to get this project approved?

Perhaps it has something to do with campaign contributions from the oil industry. According to the Center for Responsive Politics, the 10 co-sponsors received $561,539 on average in contributions from the oil industry compared to the other 89 voting senators who received $224,777.

The budget is unlikely to make its way into law. CREDO Political Director Becky Bond said “the only thing today’s nonbinding, symbolic vote underscores on Keystone XL is the fact that this is President Obama’s decision alone and his alone.” LCV President Gene Karpinski said “Big Oil may have bought themselves this meaningless vote, but the decision on the Keystone XL tar sands pipeline remains where it’s been all along — with Secretary Kerry and President Obama.”

Climate Progress

The Clean Murray Budget Versus The Dirty Ryan Budget

Winterization installs energy-efficient windows

The recently released Senate and House budget resolutions for fiscal year 2014 reflect diametrically opposed visions of American’s energy and climate futures. The Senate budget invests in clean energy technologies that reduce carbon pollution responsible for climate change. The House budget, on the other hand, ignores climate change and defunds clean energy technologies.

The proposed Senate budget resolution — “Foundation for Growth: Restoring the Promise of American Opportunity,” authored by Senate Budget Committee Chair Patty Murray (D-WA) — would boost the United States into the 21st century by investing in the clean energy industry, which will be a $1.9 trillion market from 2012 through 2018. In addition, the Senate resolution would attack the carbon pollution that is responsible for climate change.

Michael Linden, Director for Tax and Budget Policy at the Center for American Progress, noted that Sen. Murray’s overall budget “would promote immediate job creation, lay the foundations for future broad-based growth, and responsibly pursue deficit reduction.” The Murray budget’s funding proposals would also help address the fundamental challenges of clean energy development and slow climate change.
Meanwhile, the House budget resolution — “The Path to Prosperity: A Responsible, Balanced Budget,” written by House Budget Committee Chair Paul Ryan (R-WI) — would continue investment in the dirty fossil fuels of the past while disinvesting in clean energy. And it ignores the looming disruptive and expensive threat of climate change.

Reducing oil dependence and carbon pollution from transportation

Traffic congestion in the United States, partly due to damaged roads and inadequate access to public transit, wastes 2.9 billion gallons of gasoline annually, or nearly 196,000 barrels of oil per day, according to the latest Urban Mobility Report published by the Texas A&M University Transportation Institute. The study also estimated that “additional carbon dioxide (CO2) emissions attributed to traffic congestion: 56 billion pounds—about 380 pounds per auto commuter.”

Sen. Murray’s budget would eliminate some of this oil waste and carbon pollution by investing $50 billion in “repairing our nation’s highest priority deteriorating transportation infrastructure … [including] fixing crumbling roads, bridges … [and] updating our mass transit.” Her budget would also provide “$10 billion to create an infrastructure bank that will leverage investment from the private sector” for additional road and transit projects.

Conversely, the Ryan budget would increase oil use and carbon pollution by slashing investments in transportation below current levels.

Fighting climate change and investing in clean energy technology

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Justice

The Simplest Way The Senate Could Increase Transparency And Save Money

Sen. Jon Tester (D-MT)

Sen. Jon Tester (D-MT)

Sen. Jon Tester’s Senate Campaign Disclosure Parity Act, S. 375, is the rare proposal that would both increase transparency and reduce federal spending. But despite bipartisan support and no obvious opposition, an identical bill died in the last Congress without ever coming up for a vote in a Senate paralyzed by GOP minority obstruction.

An arcane law still allows Senators and Senate candidates to file their campaign finance disclosure statements on paper with the Secretary of the Senate — unlike presidential candidates and campaigns for the House of Representatives — rather than electronically. As a result, those filings are less easily searchable for citizens and require additional processing by the Secretary’s office and the Federal Election Commission. According to Sen. Lamar Alexander (R-TN), who backed the bill in 2012, the inefficiency costs taxpayers an estimated $430,000 annually.

“This common-sense bill allows folks to know right away who’s funding political campaigns and reflects the accountability and transparency Montanans expect from our elected officials and candidates for public office,” Tester explained in a press release announcing the 2013 version of the bill. “It’s 2013 and high-time for the Senate to bring its campaign finance reporting into the 21st century.” The bill has already attracted 28 co-sponsors, including five Republicans.

At a Senate Rules and Administration Committee hearing last year, Chairman Chuck Schumer (D-NY) called the bill a “no-brainer.” Then-Ranking Member Alexander endorsed it and said it “would fix an obvious problem,” noting that the late Sen. Robert Byrd (D-WV) had blocked similar efforts in the past. But, despite his support, Alexander warned that unless Senators be given free reign to attach amendments dealing with “other problems in our current system Members might like to address,” it might not see the light of day for five years.

Due to the Senate’s rules, even non-controversial proposals and appointees can take days of the Senate’s floor time — and members of the minority can block votes on legislation they support unless they are allowed to propose unrelated measures. Though 71 Senators ultimately voted for cloture last month on the nomination of Secretary of Defense Chuck Hagel, the Republican minority filibustered the nomination and tied up the Senate for days. The watered-down filibuster reforms agreed to in January did little to address these problems.

As such, even important and non-controversial legislation like Tester’s Senate Campaign Disclosure Parity Act often fall by the wayside, as happened in 2012.

Rather that try to get a floor vote on small proposals like this, often the best hope is to attach them to larger bills. A spokeswoman for Sen. Tester told ThinkProgress that he hopes to include the bill as part of the FY 2014 Financial Services and General Government appropriations bill.

The growing list of supporters of S. 375 includes Senators Max Baucus (D-MT), Mark Begich (D-AK), Richard Blumenthal (D-CT), Thad Cochran (R-MS), Dick Durbin (D-IL), Al Franken (D-VA), Kirsten Gillibrand (D-NY), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Tom Harkin (D-IA), Johnny Isakson (D-GA), Angus King (I-ME), Amy Klobuchar (D-MN), Patrick Leahy (D-VT), Carl Levin (D-MI), Claire McCaskill (D-MO), Jeff Merkley (D-OR), Lisa Murkowski (R-AK), Jack Reed (D-RI), Jay Rockefeller (D-WV), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Jon Tester (D-MT), Mark Udall (D-CO), Tom Udall (D-NM), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

Justice

How Just One Senator Vetoed A Judge And Gave A Big Gift To The NRA

Senate Republicans Explain The Rules Governing Judicial Nominees

Judge Elissa Cadish, a state court judge in Nevada who President Obama nominated to a federal district court, asked the President to withdraw her nomination, according to a letter that became public today. Cadish was the victim of an arcane senate tradition that allowed just one senator, Sen. Dean Heller (R-NV), to unilaterally block her nomination. Heller objected to her nomination because she once correctly described the state of gun rights law prior to the Supreme Court’s decision in District of Columbia v. Heller.

In 2008, before Heller established for the first time in American history that the Second Amendment protects an individual right to bear arms, Cadish was asked whether the Constitution does indeed protect such an individual right, and she gave the only correct answer a judge could have given at that point in history — “I do not believe that there is this constitutional right,” adding “of course, I will enforce the laws as they exist as a judge.” This statement accurately described the state of the law pre-Heller.

Nevertheless, Cadish’s nomination languished without a hearing due to a Senate tradition that allows a single senator to veto a nominee from their home state. In Senate parlance, Heller refused to return his “blue slip” on Cadish, and Senate Judiciary Chair Pat Leahy (D-VT) honored a tradition establishing that a nomination will not receive a hearing unless both home-state senators sign these slips.

It should be noted that not every Senate Judiciary Chair has honored this tradition in the past. In 2003, for example, when Sen. Orrin Hatch (R-UT) took over as Judiciary chair and George W. Bush was president, Hatch largely abandoned the blue slip rule. According to the Congressional Research Service, “[a] return of a negative blue slip by one or both home-state Senators d[id] not prevent the committee from moving forward with the nomination — provided that the Administration [] engaged in pre-nomination consultation with both of the home-state Senators,” during during Hatch’s tenure.

There is no good reason why President Obama’s nominees should not enjoy the same deference that President Bush’s nominees enjoyed under Hatch.

Justice

Number Two Senate Democrat Says Senate Should Reopen Filibuster Reform

Sen. Dick Durbin (D-IL)

Sen. Dick Durbin (D-IL)

After the Senate Republican minority blocked allowing an up-or-down vote on a completely qualified judicial nominee Wednesday, Senate Assistant Majority Leader Dick Durbin (D-IL) suggested it may be time to re-open the conversation on filibuster reform. A proposal to doing so — dubbed the “constitutional option” by then-Senate Majority Leader Bill Frist (R-TN) — was suggested by Senate Republicans as recently as 2005.

Durbin said in a floor speech:

We have tried at the beginning of this Senate session to avoid this kind of filibuster confrontation. The last several years we have had over 400 filibusters — a record number of filibusters in the Senate. I hate to suggest this, but if this is an indication of where we’re headed, we need to revisit the rules again. We need to go back to it again. I’m sorry to say it because I — was hopeful that a bipartisan approach to dealing with these issues would work. It’s the best thing for this chamber, for the people serving here and the history of this institution. But if this Caitlin Halligan nomination is an indication of things to come, we’ve got to revisit the rules.

In 2005, Senate Republicans slammed what they called the “unconstitutional” filibuster of President Bush’s nominees. They proposed a mid-session rules change to eliminate the power of the minority to block nominees with majority support. This “constitutional option” was only dropped when a bipartisan group agreed to only filibuster nominees in the most extreme circumstances.

Earlier this year, several Democratic Senators proposed significant changes to the Senate rules permitting minority obstruction of legislation and confirmation votes. Rather than pushing major changes, Majority Leader Harry Reid (D-NV) reached an agreement with Minority Leader Mitch McConnell (R-KY) for a very modest set of reforms.

Already this year, Senate Republicans have filibustered a bill to limit the harms of the sequester, the confirmation of a former Republican colleague to be Secretary of Defense, and — as of Wednesday — the confirmation of John Brennan to be CIA director.

Wednesday marked the second time, Senate Republicans have blocked a confirmation vote for Caitlin Halligan, an Obama nominee for the U.S. Court of Appeals for the District of Columbia Circuit, dating back to 2011. As 41 Senate Republicans voted to filibuster her, only Sen. Lisa Murkowski (R-AK) voted to give her an up-or-down vote.

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