Control Of The Senate Too Close To Call–Several States Still Can Go Either Way

With under a month to go, the race for control of the Senate remains too close to call. The fundamentals support the Republicans and they maintain a slight edge based upon current polling, but there are so many close races that we cannot be certain what will happen, despite the pessimism of some Democrats. Some Republicans are starting to get worried.

Looking at Electoral-Vote.com, the latest polls do give the Republicans 51 seats. However look at how many races are extremely close. Polls this close could easily be off if the pollster is incorrect in their assumptions as to who will actually turn out to vote. In other words, Democrats could retain control of the Senate if their  turn out is better than in previous midterm elections. Only a slight increase could flip several of the states where Republicans are leading.

Some states might still change from basic changes in a campaign, such as Mary Landrieu replacing her campaign manager.

Unexpected events in other states could change things. We have already seen the situation in Kansas where an independent has a real chance of winning. Now South Dakota has unexpectedly turned into a three way race. Republican Mike Rounds has led Democrat Rick Weiland, but suddenly former senator Larry Pressler, running as an independent, has closed the gap. There is no run off in South Dakota making it possible that any of the three could win with less than forty percent of the vote. Pressler is a former Republican but has become disenchanted with the GOP. He endorsed Obama in the last two presidential elections and says that if elected he would be a friend of Obama in the Senate.

Another factor working against the Republicans is their problem of nominating candidates who are extremists, if not outright bat-shit crazy. Terry Lynn Lands disastrous campaign has turned Michigan into a safe seat for the Democrats to hold. Republican leads in Iowa and even Georgia are now in jeopardy. Michelle Nunn’s chances in Georgia are now much better after a 2005 deposition surfaced in which Republican David Perdue bragged about his record of outsourcing:

The controversy stems from a 2005 legal deposition focused on the money he made at Pillowtex, a North Carolina textile company that closed and laid off thousands shortly after he left as CEO in 2003.

“Yeah, I spent most of my career doing that,” he said when asked to describe his “experience with outsourcing.”

Perdue then walked attorneys through his career helping various countries increase production in Asia, and discussed his goal at Pillowtex of moving production overseas to try to save the company. That never occurred, as the company ended up collapsing before it could do so.

His initial response to the revelations didn’t help put out the fire.

“Defend it? I’m proud of it,” he said on Monday when asked by a local reporter about his “career on outsourcing.”

“This is a part of American business, part of any business. Outsourcing is the procurement of products and services to help your business run. People do that all day,” he continued before blaming bad government policies for killing American jobs.

With all these races which could still go either direction, I do not believe it is possible to determine before election day who will control the Senate. We very likely will not even know that Tuesday. With Alaska in play, we won’t have all the results until at least Wednesday. Complicating matters further, if the races in Georgia and Louisiana remain close we cold very easily have a situation in which neither candidate has a majority and we have to wait for a runoff election in December (Louisiana) and/or January (Georgia). Should Larry Pressler win in South Dakota and Greg Orman win in Kansas, the pair of independents would very likely be in a position to decide who controls the Senate and we might not know how that plays out until January.

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Republicans Running Seinfeld and Wizard of Oz Campaigns

Land Empty Chair

Brian  Buetler is unfair to Seinfeld, but on target with regards to the Republican Party. He attacked them on two fronts. First he looked at the contradictions in Reince Preibus’ policy speech:

As if to signal his awareness that there’s a gaping void in the GOP’s midterm election strategy, Republican National Committee Chairman Reince Priebus did something a little unusual for a party chairman, and gave a speech about policy.

Republicans have made little secret of the fact that they hope to recapture the Senate in November by exploiting President Obama’s unpopularity rather than pitting their substantive agendas against their opponents. When Priebus says, “People know what we’re against. I want to talk about the things we’re for,” what he means is that his candidates’ conspicuous silence on substantive matters has become a little too conspicuous.

To combat that, he has laid out a list of eleven “Principles for American Renewal.” Most of these will be familiar to students of Republican politics. Some contradict each other, or previous iterations of the Republican agenda. The first principle holds that “Our Constitution should be preserved, valued and honored,” while the third proposes a Constitutional amendment that would force Congress to shred government spending. The eleventh calls for a secure border, whereas the GOP’s 2012 post-mortem called for comprehensive immigration reform.

Of course whenever Republicans talk about the Constitution there are bound to be contradictions as Republicans tend to back a version of the Constitution which exists only in their heads. The type of country they are trying to turn the United States into is hardly what the Founding Fathers had in mind.

From there, Buetler pointed out that Preibus isn’t on the ballot, and the actual Republican Senate candidates are running campaigns based upon, sort of like Seinfeld, nothing. Buetler looked at the races in Wisconsin, Colorado, Iowa, Louisiana, and North Carolina. In each state the Republican candidate is avoiding actual issues and are running campaigns based upon nonsense.

If avoiding issues is the goal of Republican Senatorial candidates, the best of all might be in Michigan. Buetler most likely ignored Terry Lynn Land as she is trailing Democratic candidate Gary Peters by double digits. Land differs from conventional candidates who are trialing by refusing invitations to debate, while Peters would love to debate her, knowing that would probably eliminate any possibility of a last minute recovery should there otherwise be a strong Republican wave in November.  Last month Peters debated an empty chair, Clint Eastwood style, in order to mock Land.

Frank Luntz criticized an ad from Land as “the worst ad of the political process” saying it lacks any message or substance. Video above. In contrast, Peters has successfully campaigned on issues such as climate change along with how Land’s support from the Koch Brothers affects her views. Of course the Koch Brothers aren’t going to waste their money on a futile cause, and have abandoned her. Liberal PACs have found Land to be an easy target.

Land has also been trying to avoid talking to the media. Michigan Radio’s political analyst Jack Lessenberry says that she is running a Wizard of Oz style campaign. Lessenberry first showed how Land’s campaign messed up the facts on the auto company bail out, with Land avoiding any direct contact with the media. Instead responses were limited to factually incorrect claims from her spokesperson, Heather Swift:

What’s oddest about all this is that we essentially have a campaign where Gary Peters is running against not the GOP nominee, but Heather Swift. However, I don’t think Swift is either a registered Michigan voter or legally old enough to be in the Senate.

Consider this: Whoever does win this race is going to replace Carl Levin, one of the most powerful figures in Washington. The last time I had questions about Levin’s position on something, his spokesperson asked if I could meet the senator for breakfast that weekend, and we talked for an hour.

Now the question is: Do we really want a U.S. senator who is unwilling or unable to explain her views to the press or in person?

Land did show up for call in show in Michigan Public Radio on Friday, but didn’t really answer the questions. She repeatedly responded to  questions by informing the audience that she is a Mom. You know, a Mom, the type of Mom who has kids. If you feel like listening to the full audio at the link, you might make a drinking game out of how often she repeats this line. Beyond that, she will support policies which put Michigan first, and insists that President Obama must submit a plan before she will say more. Land also said we should do nothing to reduce carbon emissions and the United States should ban travel “from countries that have Ebola” to keep it from spreading here.

Fortunately Michigan looks like it will soundly reject this Sarah Palin imitation.

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Election Forecasts Now Improving For Democrats To Retain Control Of Senate

Various forecasts for who will control the Senate are now tilting in the direction of the Democrats, with most still agreeing the race is very close, continuing a trend I noted at the beginning of the month. Some of the predictions more favorable to Democrats have been those which concentrate more on polls as opposed to historical trends and other factors. Nate Silver had previously discounted many of the polls, noting both the low number and often poor quality of polls available. Silver is now reconsidering his prediction, decreasing chances for Republicans to take control of the Senate from 65 percent two weeks ago to 55 percent.

Others have even more favorable predictions for Democrats. Electoral-vote.com, based purely on polls, has the race even. The Upshot gives the Republicans a 51 percent chance, essentially a toss up. Election Lab gives the Democrats a 51 percent chance. The Princeton Election Consortium even gives the Democrats a 78 percent chance of retaining control of the Senate.

In changing his prediction, Nate Silver looked at factors such as the Democratic ground game, and believes money might be the most important factor.

Charlie Cook looked at the same factors:

Two things may be keeping Republican strategists up at night: money and the Democratic ground game. Perhaps the biggest untold story of this election is how so many Republican and conservative donors, at least those whose last name isn’t Koch, have kept their checkbooks relatively closed. In many cases, GOP candidates are not enjoying nearly the same financial largesse that existed in 2012, and in some races, they are well behind Democrats. While Republican candidates, national party committees, and super PACs are hardly starving, their Senate and House campaign committees have not been able to keep pace in fundraising with their Democratic counterparts. Their super PACs do not have nearly the funding that they had in 2012 (even allowing for the absence of a presidential race this year). And, in a number of key races, Democratic candidates, party committees, and their allied groups have been on the air significantly more than Republicans. GOP strategists have privately said that if it were not for spending by organizations affiliated with the Koch brothers, they might well be in really bad shape.

Many Republican and conservative donors appear to be somewhat demoralized after 2012. They feel that they were misled about the GOP’s chances in both the presidential and senatorial races that year, and/or their money was not well spent. In short, they are giving less if at all, and it has put Republican candidates in a bind in a number of places.

Another reason things might not turn out for Republicans is if the highly touted Democratic Senate ground game comes together. Clearly the Obama campaign and Democratic allies had a superior voter-identification and get-out-the-vote operation two years ago. Earlier this year, Senate Democrats announced the Bannock Street Project, a $60 million program with the goal of putting in place 4,000 paid workers to use techniques perfected and put to work in 2010 by DSCC Chairman Michael Bennet in his race, and again two years ago by the Obama campaign. While some Republicans have scoffed at the likelihood of Democrats being able to mount such an effort, they concede that the Democratic ground game was superior two years ago. In midterm elections, if Democrats can crank up the turnout among young, female, and minority voters, then their chances of success this year increase.

The GOP might be paying for its divorce from reality when Republicans were predicting victory in 2012 despite all the polling data showing that they were delusional.

Electoral-Vote.com also looks at how Democrats are spending their money more effectively, along with factors such as the culture war issues  now favoring the Democrats and the Republicans big demographic problem–a considerable decrease in the low-information, non-college-educated white males who provide such a large percentage of Republican votes (emphasis mine):

Republicans used to use cultural issues like same-sex marriage and abortion to rev up their supporters and get them to vote. Now the shoe is on the other foot. It is the Democrats who are talking about cultural issues and scaring the voters with them. Not only has same-sex marriage gained enormous popularity in the past five or ten years, but Republican support for limiting birth control (such as in the Hobby Lobby case) is scaring women and driving them to the Democrats. Much of the Republicans’ problem has to do with shifting demographics. In 1980, when Ronald Reagan was first elected, white voters without college degrees made up 65% of the electorate. In 2012, that number was 36%. Ever since Richard Nixon began his Southern strategy, Republicans have been basing their campaigns on getting older white men without college degrees to back them. They still do, but there aren’t enough of them any more and it is beginning to be a real problem, hence the action in many states to limit who can vote (voter ID requirements) and when they can vote (shortening early voting periods). This year in states as diverse as Colorado and North Carolina, Democratic candidates are claiming that the Republicans are out of the mainstream. Such an approach was unthinkable 10 years ago, when it was the Republicans making these claims about the Democrats.

What Democrats in red states are also desperately trying to do is make the race between them and their actual opponent, not between President Obama and their opponent. In a new ad the Democratic candidate for the Senate in Kentucky, Alison Lundergan Grimes, literally says “I’m not Barack Obama” while shooting a gun. Then she shows a photo of her opponent, Sen. Mitch McConnell (R-KY), waving a gun with her saying he doesn’t know how to hold it. The Republicans, in contrast, are running against Obama everywhere. Obama himself is not sitting idly by. In October he will begin serious campaigning, although he may be limited to states where he is relatively popular, such as Colorado, Iowa, and Michigan. And of course he can show up in New York and California any time he wants to in order to raise money for the DSCC.

First Read points to how the gender gap continues to help Democrats.The Washington Examiner looked at how Democratic super PACs have been more effective in their use of advertising money.

The Republican playing field has also been narrowing, with states such as Michigan, and now North Carolina moving firmly in the direction of the Democrats. Having Kansas be unexpectedly in play also makes a huge difference. An election which initially looked highly favorable for Republicans now looks to be even.

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Democrat Drops Out Of Kansas Senate Race, Giving Independent Candidate A Chance To Win

Greg Orman

In late August I wrote about the Senate race in Kansas, where there was felt to be a real chance of defeating Republican Pat Roberts  if the Democratic candidate,  Chad Taylor were to drop out. In that situation, polls show that independent Greg Orman  has a real chance to beat Roberts. Orman has run as a Democrat in the past, and Democrats hope that he will caucus with them if he wins. Taylor did drop out of the race on Wednesday,increasing the chances that the Democrats can retain control of the Senate. While there has been speculation that the Democrats might be able to beat the incumbent Republican in Georgia or Kentucky, this probably does make Roberts the most vulnerable Republican.

One reason that Orman out polls Roberts in a two-way race is that Roberts has run a poor campaign. In response, the national Republican Party now seeks to take control of the Roberts campaign. This further shows that they do feel that Roberts is now vulnerable.

Different pundits differ on how much of a difference this will make. Sam Wang now gives the Democrats an 85 percent chance of retaining control of the Senate. Nate Silver been far more pessimistic, and in his model this only increases the chances for the Democrats retaining control from 35 percent to 38 percent. The difference is that Wang has been concentrating more on polls, where Democrats have been out-performing expectations. As polling in these Senate races is of variable quality and number, it is also possible that Silver is correct in discounting them.

There remain complications. Earlier in the day The Hill pointed out legal issues which might prevent Taylor’s name from being removed from the ballot. Subsequently Secretary of State Kris Kobach announced on  Thursday afternoon that Taylor’s name will remain on the ballot. There is bound to be a legal battle over this. Even if his name remains on the ballot, Taylor’s decision to end his campaign might still result in enough Democratic voters backing Orman to enable him to beat Roberts.

Read more here: http://www.kansas.com/news/politics-government/election/article1504835.html#storylink=cpy
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Kansas Independent Might Be Key To Control Of Senate

With control of the Senate so close, anything which might alter a race in a state felt to be dominated by one party could have huge ramifications. Sam Wang offers a plausible scenario which could make Kansas competitive:

In national politics, Kansas is considered as Republican as they come: Mitt Romney carried the state in 2012 by twenty-two percentage points, and the last Democratic Presidential candidate to carry Kansas was Lyndon Johnson, in 1964. But this year, the reliability of Sunflower State politics seems to have been upended. With control of the Senate in a tight, uneasy race, Kansas may be a game changer on a national level, thanks to an unusually strong independent candidate.

The Republican incumbent, Pat Roberts, is heartily disliked by Kansas voters: his approval rate is only twenty-seven per cent, even lower than the thirty-three per cent who approve of President Obama’s performance. Roberts, who is in his third term, recently survived a primary challenge by the radiologist Milton Wolf. Dr. Wolf ran under the Tea Party banner and gained attention for posting gruesome X-ray images of gunshot victims on his Facebook page that were accompanied by macabre banter with his friends. Still, Roberts’s margin over Wolf was only forty-eight per cent to forty-one per cent. It seems that Kansas voters will seriously consider just about anyone but Roberts.

Except, maybe, a Democrat. Shawnee County’s district attorney, Chad Taylor, cruised to a relatively easy victory in the state’s Democratic primary, but in recent general-election surveys, Taylor trails Roberts by a median of six percentage points. Kansas has not sent a Democrat to the Senate since Franklin D. Roosevelt was President, and it’s unlikely that it will this year.

The third candidate in the race is the businessman Greg Orman. Orman, who comes from Olathe, a city in the eastern part of the state with about a hundred twenty-five thousand people, has been crisscrossing Kansas by bus, meeting voters and preaching a message of fiscal restraint and social tolerance. A former Democrat, he decried the gridlock and lack of action in Washington, and now declines to identify himself as a member of either major party.

Orman’s formula seems to be working with Kansas voters. Despite the fact that thirty per cent of voters still have not heard of him, a recent Public Policy Polling survey shows that in a one-on-one matchup, Roberts would lose by ten percentage points, forty-three to thirty-three. In contrast, Roberts would survive a one-on-one matchup with Taylor by a margin of four points. So if you’re Roberts, you either want Taylor and Orman to split the vote, or to run against Taylor alone.

This means that, paradoxically, Pat Roberts’s political future may depend on his Democratic opponent staying in the race. And that, in turn, affects the balance of power in the closely contested Senate—by converting a Republican seat into an independent one.

Control of the Senate appears to be so close that one seat could certainly make the difference. It would be ironic if the key race turns out to be in Kansas due to backlash against how far right the Republicans have moved.

The first question is whether the Democratic candidate would really get out of the race and if Orman would really win. Polls show that there is an excellent chance of this happening should Taylor agree to drop out. The Democratic Party has plenty of incentive to offer Chad Taylor a lot in return for agreeing to this, and he certainly might accept a decent offer considering that he is not going to win if he remains in the race.

The next question is whether Orman would then caucus with the Democrats if he won. Chances are better that a former Democrat than a former Republican would do so, but he might also look ahead to having a better chance of holding on to the seat long term in Kansas if he becomes a Republican.

If Orman wins there will be intense pressure from both sides, and it might also impact the leadership of either party. Orman has said that both Harry Reid and Mitch McConnell “have been too partisan for far too long” to gain his vote of confidence. Would members of either party initiate a revolt against their leader if they thought it would mean retaining control?

Update: Taylor drops out of race

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No Signs Of A Wave Election So Far

Nate Cohn looked at the small amount of generic Congressional polling there is available and concluded, consistent with other indicators, that there is no sign of a wave election this year. The polls he looked at showed an average 1.9 percent advantage for the Democrats over Republicans. Cohn wrote:

These findings bear no resemblance to the one-sided results at this point in 2010, when Republicans held a clear 4.7-point advantage, or in 2006, when Democrats were ahead by 10.1 points. The current slight Democratic edge is fairly similar to what generic ballot surveys showed in the days ahead of the 2012 presidential election.

It’s important to emphasize that these polls are of registered voters, not likely voters. Previous years’ surveys were also of registered voters. The Republicans probably have a slight advantage among the older and whiter electorate that’s likely to participate this November. But that’s a separate matter from national political conditions.

While some have predicted a Republican wave based upon Obama’s unpopularity in the polls, the fact that both Congress and the Republican Party have even worse favorability ratings must count for something. The actual result seems to be a decreased turn out at the polls in primary elections so far this year, possibly indicating that voters are fed up with everybody. There is still quite a while until the election, and an unforeseen event still might tilt things towards either party.

The lack of a Republican wave, assuming things stay as they are, should limit the expected loses by Democrats which we would normally see in the sixth year of a presidency. Unfortunately the Republicans are in a good position to take control of the Senate without a wave as the Democrats are forced to defend several Senate seats in red states which they picked up in 2008.

As it now stands, the Republicans have a very slight edge to take the Senate, but there are a number of reasons that Democratic incumbents might still hold onto enough seats to narrowly maintain control. The Hobby Lobby might get more single women to turn out to vote for the Democrats.  Republicans still could find ways to lose elections which are now close, such as with a call for nullification of federal laws by the states by the Republican Senate candidate in Iowa:

Joni Ernst, the Republican nominee for U.S. Senate in Iowa, appears to believe states can nullify federal laws. In a video obtained by The Daily Beast, Ernst said on September 13, 2013 at a form held by the Iowa Faith & Freedom Coalition that Congress should not pass any laws “that the states would consider nullifying.”

“You know we have talked about this at the state legislature before, nullification. But, bottom line is, as U.S. Senator why should we be passing laws that the states are considering nullifying? Bottom line: our legislators at the federal level should not be passing those laws. We’re right…we’ve gone 200-plus years of federal legislators going against the Tenth Amendment’s states’ rights. We are way overstepping bounds as federal legislators. So, bottom line, no we should not be passing laws as federal legislators—as senators or congressman—that the states would even consider nullifying. Bottom line.”

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Three Reasons Democrats Might Retain Control Of The Senate

Republicans have an excellent chance to gain control of the Senate this year due to a combination of Republican voters traditionally turning out in higher percentages in midterm elections and the need for Democrats to defend several seats in red states. Current projections from most sources give the Republicans a slight edge but there are a few reasons to believe that the Democrats might hold on to one or two more seats than projected, and retain control of the Senate:

1) The power of incumbency:

Democrats must hold onto seats in red states, but they are states that Democrats have won once before, even if in a presidential election year which was more favorable to Democrats. While they don’t have this advantage in 2014, having candidates running as incumbents might increase the chance of winning. Since 2000 Democratic Senate candidates have usually won reelection in the south, despite their states going heavily to the Republicans in presidential elections. Polls are showing that incumbent southern Democrats remain competitive.

2) Women voters:

Republican hostility towards reproductive rights and attempts to restrict access to contraception as well as abortion has many women voters angry, hopefully enough to turn out to vote. The Hobby Lobby decision might also motivate women.

With their Senate majority at stake in November, Democrats and allied groups are now stepping up an aggressive push to woo single women — young and old, highly educated and working class, never married, and divorced or widowed. This week they seized on the ruling by the Supreme Court’s conservative majority, five men, that family-owned corporations do not have to provide birth control in their insurance coverage, to buttress their arguments that Democrats better represent women’s interests.

But the challenge for Democrats is that many single women do not vote, especially in nonpresidential election years like this one. While voting declines across all groups in midterm contests for Congress and lower offices, the drop-off is steepest for minorities and unmarried women. The result is a turnout that is older, whiter and more conservative than in presidential years…

Single women, Democrats say, will determine whether they keep Senate seats in states including Alaska, Colorado, Iowa, Michigan and North Carolina — and with them, their Senate majority — and seize governorships in Florida, Pennsylvania and Wisconsin, among other states.

The party is using advanced data-gathering techniques to identify unmarried women, especially those who have voted in presidential elections but skipped midterms. By mail, online, phone and personal contact, Democrats and their allies are spreading the word about Republicans’ opposition in Washington — and state capitals like Raleigh — to pay equity, minimum wage and college-affordability legislation; abortion and contraception rights; Planned Parenthood; and education spending.

3) Black Southern Voters:

Black southern voters have long voted Democratic, but now might turn out in high enough numbers to influence the results. Republican efforts to prevent them from voting might backfire, motivating more blacks to turn out:

Southern black voters don’t usually play a decisive role in national elections. They were systematically disenfranchised for 100 years after the end of the Civil War. Since the days of Jim Crow, a fairly unified white Southern vote has often determined the outcome of elections.

This November could be different. Nearly five decades after the passage of the Voting Rights Act, black voters in the South are poised to play a pivotal role in this year’s midterm elections. If Democrats win the South and hold the Senate, they will do so because of Southern black voters.

The timing — 50 years after the passage of the Civil Rights Act and 49 years after the passage of the Voting Rights Act — is not entirely coincidental. The trends increasing the clout of black voters reflect a complete cycle of generational replacement in the post-Jim Crow era. White voters who came of age as loyal Democrats have largely died off, while the vast majority of black voters have been able to vote for their entire adult lives — and many have developed the habit of doing so.

This year’s closest contests include North Carolina, Louisiana and Georgia. Black voters will most likely represent more than half of all Democratic voters in Louisiana and Georgia, and nearly half in North Carolina. Arkansas, another state with a large black population, is also among the competitive states…

Democrats lamented low black turnout for decades, but Southern black turnout today rivals or occasionally exceeds that of white voters. That’s in part because black voters, for the first time, have largely been eligible to vote since they turned 18. They have therefore had as many opportunities as their white counterparts to be targeted by campaigns, mobilized by interest groups or motivated by political causes.

Mr. Obama is part of the reason for higher black turnout, which surpassed white turnout nationally in the 2012 presidential election, according to the census. But black turnout had been increasing steadily, even before Mr. Obama sought the presidency. In 1998, unexpectedly high black turnout allowed Democrats to win a handful of contests in the Deep South; in 2002, Ms. Landrieu won a Senate runoff with a surge in black turnout.

The Supreme Court’s decision last year to strike down a central provision of the Voting Rights Act unleashed a wave of new laws with a disparate impact on black voters, including cuts in early voting and photo-identification requirements.

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Boehner Throws Small Business Owners Under The Bus In Order To Find Suit To File Against Obama

The weakness of Republican efforts to paint Barack Obama as a dictator who has been abusing his presidential powers have been shown to be a sham with John Boehner’s attempt to find grounds for a law suit against Obama. Boehner, in a desperate attempt to ward off the Tea Party fanatics who are pushing for impeachment, decided on filing a frivolous law suit against Obama instead. For years Republicans have made all sort of claims of executive overreach under Obama, after ignoring real cases of abuse of executive power under Bush and Cheney. With all their screaming of a dictatorial president out of control, all Boehner could come up with was a complaint that Obama postponed enforcing the penalties in the employer mandate contained in the Affordable Care Act by two years.

The biggest irony here is that Republicans opposed the Affordable Care Act and the employer mandate (despite previous Republican support for mandates before Obama called for them). Republicans are suing Obama for failing to enforce a law which they opposed. Obama granted the two year extension in order to make it easier for small business to comply with the Affordable Care Act. With this suit, Boehner and the House Republicans are taking a stand in opposition to the interests of small business owners.

Of course Republicans had no objection when George Bush made a similar delay durinig implementation of the Medicare D program. Clearly if there was any validity to any of the other Republican complaints against Obama’s use of power they would use a different case for the lawsuit. As Brian Buetler posted, John Boehner’s Lawsuit Against Obama Proves the President Isn’t Lawless.

Obama is correct in calling this a political stunt and had these comments on the do-nothing Congress:

As long as Congress will not increase wages for workers, I will go and talk to every business in America if I have to. There’s no denying a simple truth: America deserves a raise, and if you work full-time in this country, you shouldn’t live in poverty. That’s something that we all believe.

Now, here’s where it gets interesting. There are a number of Republicans, including a number in the Texas delegation, who are mad at me for taking these actions. They actually plan to sue me. Now, I don’t know which things they find most offensive — me helping to create jobs, or me raising wages, or me easing the student loan burdens, or me making sure women can find out whether they’re getting paid the same as men for doing the same job. I don’t know which of these actions really bug them.

The truth is, even with all the actions I’ve taken this year, I’m issuing executive orders at the lowest rate in more than 100 years. So it’s not clear how it is that Republicans didn’t seem to mind when President Bush took more executive actions than I did. Maybe it’s just me they don’t like. I don’t know. Maybe there’s some principle out there that I haven’t discerned, that I haven’t figure out. You hear some of them — ‘sue him,’ ‘impeach him.’ Really? Really? For what? You’re going to sue me for doing my job? Okay.

I mean, think about that. You’re going to use taxpayer money to sue me for doing my job — while you don’t do your job.

There’s a great movie called ‘The Departed’ — a little violent for kids. But there’s a scene in the movie where Mark Wahlberg — they’re on a stakeout and somehow the guy loses the guy that they’re tracking. And Wahlberg is all upset and yelling at the guy. And the guy looks up and he says, ‘Well, who are you?’ And Wahlberg says, ‘I’m the guy doing my job. You must be the other guy.’ Sometimes, I feel like saying to these guys, ‘I’m the guy doing my job, you must be the other guy.’

So rather than wage another political stunt that wastes time, wastes taxpayers’ money, I’ve got a better idea: Do something. If you’re mad at me for helping people on my own, let’s team up. Let’s pass some bills. Let’s help America together.

It is not clear what will become of this suit. The first question is whether the House has legal standing to file the suit. If it does proceed it is certainly possible that both Bush and Obama technically broke the law in extending deadlines independent of Congress. Even should there ever be a  ruling against Obama, it will not make much of a difference. By the time it works through the courts the issue will no longer matter as the temporary extension will be coming towards an end, if not already ended. It is over a pretty minor issue in the implementation of the Affordable Care Act and will have no bearing on the overall law. It is a pretty empty gesture by Boehner, but he has no real grounds to support right wing rhetoric that Obama has abused executive power.

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Thoughts on Democrats Winning The House And Republicans Winning The Senate

The conventional wisdom is that the Democrats have no chance to take control of the House, and the Senate is up for grabs. Is there any chance for a better outcome?Since winning the presidency, Obama acted quickly to prevent the full fledged depression which George Bush’s economic policies were pushing us towards. Since then we have seen record corporate earnings and stock prices while unemployment, along with the Bush deficit, have fallen considerably. Those who continue to suffer in this economy due so because of Republican obstructionism. Obamacare has turned into an even greater success than its supporters dreamed while all the Republican predictions of doom failed to come about. Events in Iraq demonstrate the folly of Republican policy on Iraq while most Americans agree with Obama on keeping American troops from getting in the middle of a war between different factions in the middle east. Republicans are also out of step with the views of Americans on social issues as Republicans push for greater government intrusion in the private lives of individuals.

Unfortunately our system leads to a situation in which a majority of people can vote for Democrats in both House and Senate elections but Republicans can potentially still wind up controlling both Houses of Congress. With Republican policies being both unpopular and failures, the Democrats might take control of the House if not for factors such as gerrymandering, a concentration of Democrats in urban districts, and Republican domination of a “news” media which is increasingly being used as a right wing propaganda machine. If there is any hope that we will see a sane outcome this fall,  Bill Scher at The Week suggests one possible way the Democrats could take control of the House.

Everyone assumes that Republicans will easily hold the House in November. The dominant storyline among the chattering classes centers instead on the possibility that Republicans could seize control of the Senate from Democrats. But the rapidly escalating immigration face-off between President Barack Obama and House Republicans raises the possibility that Democrats could win back the House — even if Republicans do take the Senate

How is that possible? It’s simple: There are more competitive House races than Senate races in areas with significant Latino populations.

Last year, David Damore, a polling analyst for the firm Latino Decisions, found that there are 44 congressional districts with Republican incumbents that could be ousted if their Latino constituents flex their electoral muscle. “This includes districts where the Latino voting-age population exceeds the 2012 margin of victory or swing districts won in 2012 by President Obama and the House Republican candidate that also have notable Latino populations,” he wrote…

Immigration will probably have less of an impact in Senate races. Every competitive 2014 Senate race, with the exception of Colorado, is in a state where the Latino eligible voter population is less than five percent. Of course, in any nail-biter race, even a constituency of three percent can play an outsized role. But with so many of these races occurring in red states, embattled Senate Democrats will likely want to avoid the potential for right-wing anti-immigrant backlash. That explains why the Senate Democrats’ “Fair Shot” 2014 agenda touts raising the minimum wage, promoting equal pay, investing in manufacturing jobs, and protecting Medicare — but nothing about immigration.

In other words, the House Democratic campaign strategy and the Senate Democratic campaign strategy may run along separate tracks, one driving immigration, the other pushing the economy. One strategy could work while the other flops. That creates the possibility, however unlikely, for something completely unprecedented: a midterm election where Democrats and Republicans trade control of each congressional branch.

It is far more likely that the Republicans will take control of the Senate than the Democrats will take control of the House, with Republicans having a real chance of controlling both Houses of Congress. Republicans benefit from factors including receiving the same number of Senators from the small states which favor them as the large states which favor Democrats, along with Democrats being forced to defend several Senate seats this year which they picked up six years ago in red states.

Republican control of the Senate would be a disaster in terms of appointments, but could also wind up being harmful to the Republicans politically, as Dana Milbank pointed out:

The prevailing view is that a Republican Senate would only compound Obama’s woes by bottling up confirmations, doubling the number of investigations and chipping away at Obamacare and other legislative achievements.

Yet there’s a chance that having an all-Republican Congress would help Obama — and even some White House officials have wondered privately whether a unified Republican Congress would be better than the current environment. Republicans, without Harry Reid to blame, would own Congress — a body that inspires a high level of confidence in just 7 percent of Americans, according to a Gallup survey last month finding Congress at a new low and at the bottom of all institutions tested.

There would be no more excuses for Republicans’ failure to put forward their own health-care plan, immigration proposals, specific cuts to popular government programs, and pet causes involving abortion, birth control and gay rights. This would set up real clashes with Obama — who could employ the veto pen he hasn’t used a single time since Republicans gained control of the House in 2010 — and sharp contrasts that would put him on the winning side of public opinion.

It is not hard to imagine a Republican takeover of the Senate causing conservatives in both chambers to overreach. House Republicans would get more pressure from their base to take a swing at impeachment, because the odds of convicting Obama in the Senate would be better (if still prohibitive). Alternatively, Republican leaders, recognizing that the public will hold them responsible now that they have complete control of Congress, might try to compromise with Obama.

In the first scenario, marauding conservatives drive Republicans to oblivion in 2016 and beyond, putting Hillary Clinton in the White House. In the second scenario, Obama actually accomplishes something in his last two years.

The biggest danger to Republicans is that more voters might figure out what they are doing and what they stand for. At present only 40 percent of Americans are even aware of which party controls which House of Congress. With Republicans in control of both Houses of Congress, what they believe would be far more apparent to voters if they are allowed to pass their agenda and Obama could veto their legislation. Perhaps then more Americans would realize that the Republican economic agenda is to use government to rig the rules to transfer more wealth to the ultra-wealthy, while it is Democrats who are far more likely to support a true market economy in which people are rewarded for their work, or that Republican health care policies would once again allow insurance companies to increase their profits by denying health coverage when people are sick. Democracy would provide a solution for Republican extremism if more people were aware of what the Republicans are trying to do.

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McConnell Promises Conservatives That Republicans Will Work To Restrict Abortions If They Take Control Of Senate

With control of the Senate up for grabs, The Hill reports on one key reason why it is important for Democrats to get out to vote. Mitch McConnell vows to escalate Republican efforts to restrict reproductive rights and promote further government intrusion in the private lives, and bodies, of women:

Senate Minority Leader Mitch McConnell (R-Ky.) promised Saturday to focus more attention on limiting abortions if Republicans take control of the Senate in November.

Speaking to the National Right to Life Convention in his home state of Kentucky, the Senate’s top Republican suggested Majority Leader Harry Reid (D-Nev.) has blocked the upper-chamber from voting on bills that would limit women’s rights to abortion, according to conservative website Townhall.com.

But McConnell said he would push abortion-limiting legislation to pressure President Obama to take a stand on the issue.

“For six years, the president has been isolated from this growing movement,” McConnell said. “He will be forced to listen to the cause that’s brought us all here this morning. Senate Dems would be forced to take a stand.”

I fear that the Republicans will really do this, as opposed to their empty promises to work to create more jobs when they took control of the House. Undoubtedly Obama will take a stand and veto such legislation.

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