Jeff Flake Denounces Donald Trump For Accusing Democrats Of Treason

Last summer, when people were accusing Donald Trump of treason, I wrote in opposition to misusing the term. While there was then, and continues to be, strong evidence of illegal activity by Donald Trump, his actions have not met the legal criteria for treason. Donald Trump, on the other hand, has no qualms about throwing the word around incorrectly, having gone so far as to accuse those who did not applaud for him at his State of the Union address of treason.

Jeff Flake is among those who spoke out against Donald Trump for this. From The Wall Street Journal:

“Mr. President, respect is earned and not commanded,” Mr. Flake, of Arizona, said in a speech on the Senate floor. “Applause signals approval of an idea, not loyalty to one’s country. Our Democratic colleagues love this country as much as we do, and to suggest otherwise is simply unconscionable.”

The impetus for the senator’s remarks was a Monday appearance in Cincinnati, where Mr. Trump came close to labeling as traitors the Democrats who didn’t clap during portions of his speech to Congress last week.

“They were like death and un-American,” said Mr. Trump, who for days has been brooding that Democrats, as he characterized it last week, were “stone-cold” while he spoke. “Somebody said ‘treasonous,’ ” Mr. Trump said on Monday. “I mean, yeah, I guess why not? Can we call that treason? Why not? I mean, they certainly didn’t seem to love our country that much.”

…In his speech, Mr. Flake warned against “numb acceptance’’ of Mr. Trump’s use of the word treason. “I have seen the president’s most ardent defenders use the now-weary argument that the president’s comments were meant as a joke, just sarcasm, only tongue in cheek,“ Mr. Flake said. ”But treason is not a punchline, Mr. President.”

…Mr. Trump’s comments jolted Democrats, and Mr. Flake described them as “vile.” He suggested that silence from Republicans could end up undermining the republic, which is based on adherence to a set of norms and conventions.

“One who levels such a charge knows neither the meaning of treason nor the power that the words of a president carry,” he said. He said that declining to respond shows “that we failed to recognize that this conduct in an American president simply is not normal.”

Following is the video:

Nunes Memo Provides Reminder Of Republican Hypocrisy And Democratic Dishonesty

Following days of hype far in excess of the outcome, the Nunes memo was finally released. The memo itself, while providing reminders of both Republican hypocrisy and Democratic dishonesty, doesn’t change what we knew. What matters is how Donald Trump and others wind up responding to the release.

The memo actually means very little, especially when kept in mind that it is a memo written by members of one party, while the response from the other party has so far been suppressed. The key argument is that Steele dossier was an essential part of the argument for the surveillance of Carter Page. However, the same memo undermines this argument, stating that  information about George Papadopolous “triggered the opening of an FBI counterintelligence investigation” in July 2016. The initial application for the surveillance remains classified, so it is not possible to independently determine how important the Steele dossier was.

The significance of the Steele dossier is reduced if there is evidence beyond it to justify surveillance of Carter Page, as the Nunes memo concedes does exist. In addition, The Wall Street Journal reports: “Carter Page, who served as a foreign-policy adviser to Donald Trump’s campaign, was known to U.S. counterintelligence officials for years before he became a prominent figure in a dossier of unverified research about the future president’s ties to Russia.” There is further information later in the article, which raises questions as to how significant the Steele dossier were as opposed to other actions by Page in bringing him to the attention of counterintelligence officials:

Mr. Page’s dealings with Russia date back to more than a decade before Mr. Trump ran for president and his opponents began crafting the dossier.

For three years, starting in 2004, Mr. Page was living in Moscow, where he opened an office for the investment banking firm Merrill Lynch & Co. He also served as an adviser on “key transactions” involving the Russian state-owned energy company PAO Gazprom and RAO UES, the Russian state-controlled electricity monopoly, according to Mr. Page’s biography.

In January 2013, Mr. Page was in New York at an Asia Society event on China and energy development, when he met Victor Podobnyy, a junior attaché at the Russian consulate in New York City who was in the audience, Mr. Page told the House Intelligence Committee last fall.

In March 2013, Mr. Page met with Mr. Podobnyy again over coffee or a Coke, he told the House panel in his testimony. Mr. Page, asked why he had sought out Mr. Podobnyy a second time, said he wanted to practice his Russian.

That June, three years before the 2016 presidential campaign and the creation of the dossier, Mr. Page had his first known brush with a U.S. counterintelligence official. He was interviewed by FBI counterintelligence agent Gregory Monaghan and another FBI agent, who were investigating whether Mr. Podobnyy was a Russian intelligence agent, according to a criminal complaint.

In 2015, Mr. Podobnyy was charged with posing as a U.N. attaché under diplomatic cover while trying to recruit Mr. Page as a Russian intelligence source. The criminal complaint filed by U.S. federal prosecutors alleged Mr. Podobnyy was an agent for the SVR, Russia’s foreign intelligence service. The complaint also detailed Mr. Podobnyy’s discussion in April 2013 with Igor Sporyshev, a second alleged SVR agent posing as a Russian trade representative, about efforts to recruit “a male working as a consultant in New York City.” Mr. Podobnyy was afforded diplomatic immunity and left the country.

In a statement last year, Mr. Page confirmed he was the unnamed consultant and said he helped U.S. federal investigators during the case. The complaint charging Mr. Podobnyy said Mr. Page had provided the Russians with documents, which Mr. Page said were “nothing more than a few samples from the more detailed lectures” he was preparing for a course he was teaching at New York University at the time.

There certainly might be grounds to question both the initial surveillance and the continued renewal of FISA warrants for the surveillance of Page (as is required every ninety days).  However, if the Republicans see abuses re FISA, why did they overwhelmingly just recently vote to renew it and expand surveillance? It is hard to take seriously Republican concerns today regarding surveillance when they have been such strong supporters of mass surveillance.

It is not even clear if Carter Page is very significant with regards to Robert Muller’s investigation considering he is not one of those who have been indicted or who has entered into a plea agreement with Muller.

The release of the memo does serve as a reminder of the dishonesty of the Clinton campaign and the DNC, which had denied for months their role in paying for the Steele dossier. They very well might have violated federal election rules, and should be investigated for this. However, that is a separate matter, and is hardly enough to discredit investigations into money laundering and obstruction of justice within the Trump administration. On the other hand, the attempts by Democrats to fabricate a case, contrary to all the evidence to date, that the election was stolen from Clinton due to a conspiracy between Trump and Russia, is likely to ultimately help Trump distract from his actual crimes.

The real significance of the Nunes memo is not the content, but how it is used. If it is used to reform mass surveillance it could be a good thing–but that is very unlikely to happen by the hypocritical Republicans. The greatest fear is that Trump will use the Republican spin not only to undermine the credibility of the investigation but to justify another Saturday Night Massacre.

Senate Defeats 20 Week Abortion Ban Proposed By Republicans Based On Pseudoscience

The Senate defeated a Republican proposal, backed by Donald Trump, to ban abortions after twenty weeks. Politico reports:

The Senate on Monday blocked a bill, backed by President Donald Trump, to ban abortion after 20 weeks of pregnancy.

The procedural vote, designed to put pressure on red-state Democrats who are up for reelection this fall, fell significantly short of the 60 votes needed to overcome a filibuster.

The White House expressed strong support for the measure earlier Monday, saying it would “help to facilitate the culture of life to which our nation aspires.” During the 2016 election, Trump said he would sign a 20-week abortion ban if it made it to his desk — one of several key reasons anti-abortion groups reversed course to back his campaign.

Three Democrats voted with the Republicans: Joe Manchin, Joe Donnelly and Bob Casey. At least this was significantly fewer than the eighteen Democrats who voted to renew and expand wireless surveillance, leading to that passing by a single vote. Two Republicans, Susan Collins and Lisa Murkowski, voted with the Democrats to block the measure.

The twenty week limit is based upon pseudo-science which falsely claims that a fetus can feel pain at twenty weeks,despite the cerebral cortex not being developed to enable experiencing pain until well after this point. I previously discussed this issue when Republicans attempted similar restrictions in 2015.

Collaborators, Not Resistance: Eighteen Senate Democrats Vote To Support Restrictions On Civil Liberties

After the House, with the support of fifty-five Democrats including Nancy Pelosi and Debbie Wasserman Schultz, blocked attempts to reform the FISA Act, Rand Paul and Ron Wyden attempted to filibuster FISA renewal in the Senate. They wrote this letter describing the civil liberties violations in the bill to renew and expand the FISA act for six years. The vote was close, with sixty votes required for the cloture vote. Cloture passed on a vote of 60 to 38, with  Democrat Claire McCaskill casting the deciding vote. Once again several Democrats voted to betray the Constitution and vote against civil liberties.

Eighteen Democratic Senators, along with independent Angus King of Maine, vote for cloture. The Democrats voting for cloture were: Tom Carper (Del.), Bob Casey (Pa.), Catherine Cortez Masto (Nev.), Joe Donnelly (Ind.), Tammy Duckworth (Ill.), Dianne Feinstein (Calif.), Maggie Hassan (N.H.), Heidi Heitkamp (D-N.D.), Doug Jones (Ala.), Amy Klobuchar (Minn.), Joe Manchin (W.V.), Claire McCaskill (Mo.), Bill Nelson (Fla.), Gary Peters (Mich.), Jack Reed (R.I.), Jeanne Shaheen (N.H.), Mark Warner (Va.), Sheldon Whitehouse (R.I.).

The following Republican Senators voted to support the filibuster, which would have provided an opportunity to debate and offer amendments to reform the law: Rand Paul, Ted Cruz, Mike Lee, Steve Daines, Cory Gardner, Dean Heller, Jerry Moran, and Lisa Murkowski. Yes, Ted Cruz was on the right side of this while eighteen Democrats were not.

The American Civil Liberties Union Tweeted this response: “Members of both parties who voted in favor of this legislation should be sharply rebuked for supporting a bill that is in flagrant violation of the rights enshrined in the Constitution.”

The final bill is expected to pass the Senate this week.

Reason described how the bill expands violations of civil liberties in the FISA Act:

This bill doesn’t just renew Section 702 for six years; it also codifies permission for the FBI to access and use data secretly collected from Americans for a host of domestic federal crimes that have nothing to do with protecting America from foreign threats. It has added some unusually worded warrant requirements that will protect some people—but only when they’re actually suspected and are being investigated for criminal activities.

Furthermore the bill will give the NSA permission to attempt to restart what are known as “about” searches, access to communications that merely reference a foreign target, not just communications to and from that target. The NSA voluntarily ended these types of searches once it became clear they were gaining access communications that they had no authority to be viewing. This bill will allow them to attempt to restart it unless Congress acts separately to stop it.

Once again many Democrats have acted as collaborators rather than as the resistance. Democrats who claim that Trump is a tyrant in cahoots with Putin have not been able to unite to oppose giving him increased powers to spy on Americans. Although they are a minority in both Houses of Congress, the presence of some Republicans supporting privacy rights, along with the requirement for sixty votes in the Senate, provided Democrats with the power to force changes.  A swing of one vote in the Senate or twenty-six Democrats in the House could have forced reforms to the law which allows warrantless surveillance of Americans as well as foreigners.

Establishment Democrats Again Trying To Smear Jill Stein

I have my doubts as to whether the request for material from former Green Party presidential candidate Jill Stein by the Senate Intelligence Committee will amount to anything, but establishment Democrats cannot contain their glee. Here is the response from one former Clinton aide who was just one of many Clinton supporters to demonstrate their McCarthyism with chants claiming their unproven (and unlikely) assertion that Jill Stein is a Russian agent:

Others responded by pointing out how weak the logic is that being placed at the table as Putin at an event makes one a Russian agent:

Pictures with the tweet show both Hillary and Bill Clinton sitting with Putin.

When it is a political opponent, Clinton supporters typically consider any form of an investigation being evidence of guilt. However, when it comes to Clinton, they conveniently forget the recent investigations which showed that Clinton was guilty of highly unethical behavior.  The State Department Inspector General’s report showed that Hillary Clinton violated rules designed to promote transparency as Secretary of State by exclusively using a private server and failing to turn this email over for archiving as required by law until forced to after she left office. The FBI report revealed that Clinton repeatedly lied to the public and press on multiple points regarding the email scandal, and that that Clinton and her colleagues were  “extremely careless in their handling of very sensitive, highly classified information.”

Clinton supporters have been trying to smear Stein since the election under the mistaken belief that if Stein wasn’t running they would have picked up her votes. In reality, few who voted for Stein would have voted for a corrupt war monger like Clinton. Even if, which I think is unlikely, it turns out that Stein was a Russian agent, and this was revealed during the campaign, I might have voted differently, but still would not have voted for Clinton.

A spokesperson for Stein provided the following statement:

Responding to a Senate Select Committee on Intelligence request for documents pertaining to interference in the 2016 election, former Green Party Presidential candidate Jill Stein said she is cooperating by sharing all communications relevant to the committee’s mission. “We take seriously the issue of potential interference in our elections, as demonstrated by our continuing efforts to investigate the integrity of the 2016 election and examine our voting machines that are widely known to be vulnerable, but which still have not been examined for evidence of interference. To restore trust in our elections and democracy itself, we must safeguard our elections from all potential sources of interference, whether by foreign state actors or domestic political partisans, criminal networks, lone wolves, or private corporations – including those who control voting software.

Our campaign has observed the highest standards of transparency and integrity in our interactions with foreign nationals as well as Americans. Our communications with Russian individuals regarding an invitation to speak on international relations at the RT 10th anniversary media conference will confirm what we stated publicly at that time and since: that we did not accept any payment or even reimbursement for the trip, and that we made the trip with the goal of reaching an international audience and Russian officials with a message of Middle East peace, diplomacy, and cooperation against the urgent threat of climate change, consistent with long-standing Green principles and policies.

We strongly support legitimate inquiry into any illegal activity in our elections – including quid pro quo deals, money laundering, corruption and violation of campaign finance laws. At the same time, we caution against the politicization, sensationalism and collapse of journalistic standards that has plagued media coverage of the investigation. In the current climate of attacks on our civil liberties, with the emergence of censorship in social media and the press, criminalization of protest, militarization of police and massive expansion of the surveillance state, we must guard against the potential for these investigations to be used to intimidate and silence principled opposition to the political establishment.

Stein said that she would release a more comprehensive statement about the investigation in the near future.

Jill Stein was also interviewed by The Intercept:

Stein clearly resents the Senate’s attention vis-à-vis  electoral interference and foreign meddling: “This smacks of the dangerous underbelly of these investigations. The extent to which they exercise overreach, politicizing, and sensationalism is a danger to democracy, especially in the current climate of all-out war on our First Amendment rights. This is not a time to be attacking the rights of political speech and political association.”

…It’s safe to assume the Intelligence Committee is interested in anything pertaining to Stein’s now-infamous attendance of an RT gala in Moscow, at which she was seated and photographed with Russian President Vladimir Putin and President Donald Trump’s former national security adviser Michael Flynn. Stein told The Intercept that as she has routinely appeared on RT and expects to hand over communications related to booking those TV segments and other “administrative” messages between her campaign and the Russian network, as well as “logistical” messages about the Moscow event. Stein also noted that before her Moscow visit, she had “requested to speak with either Putin or [Russian Foreign Minister Sergey] Lavrov, or someone in the Russian government, to be able to discuss our policies, because I was there to advance our agenda for peace and climate action and diplomacy and nuclear weapon abolition.”

Stein says this request was not granted. Stein also maintains that she declined to let RT pay for any portion of her trip to Moscow and further denies requesting or receiving any other assistance, monetary or otherwise, from RT, the Russian government, WikiLeaks, or the Trump campaign, adding that any dialogue or cooperation with Trump “would have been quite contrary to our values.”

When asked why she had attended the gala and sought an audience with Putin, she told The Intercept that “we sought contact with every powerful world leader we had access to,” and that the Russian government was of particular interest because of its involvement in the Syrian civil war. “We don’t have any reason to suspect that there was any backdoor communication,” Stein said. “We were very much focused on the substantive issues of the elections, and we avoid like the plague manipulations and machinations in order to make things happen behind the scenes.”

 Stein also described the dinner, along with how minimal her contact was, in this interview with Jeremy Scahill.

House Republicans Pass Anti-Abortion Bill Based On Pseudo-Science

Conservatives rarely give up on a bad idea, and have no problem with basing their legislation on junk science. Back in January, 2015 I wrote about Republican efforts to restrict abortion based upon the scientifically invalid idea that a fetus can feel pain at twenty weeks:

Conservative efforts to ban abortions after 20 weeks are based on ignoring science, just as many conservatives do in denying evolution and climate change. Conservatives make pseudo-scientific claims that the fetus can feel pain at this point, despite the cerebral cortex not being developed until well after this point. There is no real controversy over this point in medicine. Conservatives sometimes twist studies showing simple reflexes as indicating that the fetus is feeling pain. Often they misquote researchers to falsely claim their is a scientific basis for their bogus claims. More on this faux controversy over the science here and here.

The 20 week ban is especially harmful to the rights of women as fetal abnormalities are often not discovered until after this point. It is understandable that a woman who discovers after 20 weeks that she is carrying a fetus which has severe brain abnormalities which would prevent survival might want to abort, but Republicans would deny them this choice by setting an arbitrary limit before such abnormalities are apparent. It is also feared that once they set the line at 20 weeks they will use more pseudo-science to justify moving it up.

Conservatives have also practiced pseudo-science in trying to make the abortion debate over the moment when life begins, when development of the human embryo and fetus is a continuum. Conception is a process without an exact moment at which it occurs, and even fertilization can take twenty-four hours.

If conservatives are really concerned about preventing fetal pain their policies are counterproductive. Late term abortions are very rare in this country, primarily done when the mother’s health is in danger. Another common reason for abortions being delayed until after 20 weeks is the inability of the mother to obtain the abortion earlier, often due to roadblocks placed by Republicans making abortions more difficult to obtain. Of course Republican opposition to contraception further increases the number of abortions. If conservatives were consistent in desiring to prevent fetal pain, they should facilitate the ability of women to obtain both contraception and to obtain early abortions even beyond twenty weeks and before the actual ability to feel pain is present.

What I wrote in that previous post still applies today as the House of Representatives passed a bill to ban abortions nationwide after twenty weeks, ignoring the fundamental right of a woman to control her own body, ignoring the science, and even ignoring conservative arguments regarding states’ rights. Vox reports on this, and presents arguments regarding the science similar to those made above:

The House voted on Tuesday to pass a bill that would make abortion after 20 weeks illegal in every state in the country. Called the Pain-Capable Unborn Child Protection Act, it’s based on the idea that a fetus at 20 weeks’ gestation can feel pain.

“The Pain-Capable Unborn Child Protection Act will protect the voiceless, the vulnerable, and the marginalized,” said Rep. Kevin McCarthy (R-CA), the House majority leader, in a statement last month. “It will protect those children who science has proven can feel pain.” President Donald Trump has promised to sign the bill if it passes; during the campaign, he said such a bill “would end painful late-term abortions nationwide.”

In fact, the best available science shows that fetuses probably cannot feel pain until well after 20 weeks. Advocates of abortion rights say 20-week bans at the state level have harmed women, forcing them to travel to another state, often at great expense, to get the care they seek. And opponents of the Pain-Capable Unborn Child Protection Act fear that, though it is unlikely to pass the Senate, it will ultimately spread dangerous misinformation…

The text of the bill includes a section on the science of fetal pain, which states that “there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier.”

However, the general scientific consensus is that no such evidence exists. “There’s actually conclusive evidence that shows that the neurologic structures in a fetus aren’t completely laid down and working yet until much further along in pregnancy, we think even the third trimester,” said Jennifer Conti, a clinical assistant professor and OB-GYN at Stanford University and a fellow with Physicians for Reproductive Health. Twenty weeks, she said, “is just an arbitrary limit set in place by politicians that has no medical or scientific backing.”

The most comprehensive look at fetal pain to date was a literature review published in the Journal of the American Medical Association in 2005. According to the review, the structures needed for fetuses to feel pain begin to develop between 23 and 30 weeks’ gestation, and studies of premature babies suggest they can’t feel pain until 29 or 30 weeks. While this review is now 12 years old, it still holds true — “no research since its publication has contradicted its findings,” wrote Mark S. DeFrancesco on behalf of the American Congress of Obstetricians and Gynecologists in 2015.

The House bill makes a number of claims that contradict scientific consensus. For instance, the bill states that “after 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.” However, according to the group Advancing New Standards in Reproductive Health (ANSIRH) at the University of California, San Francisco, “limb withdrawal occurs even in full-term babies in response to non-painful tactile sensations, including light touch. Thus the appearance of limb withdrawal on ultrasound represents a reflex rather than a response to pain.”

Today’s Good News–Graham-Cassidy Will Not Become Law And The World Is Not Going To End

A week ago we were faced with predictions both that the Republicans might be able to repeal the Affordable Care Act with their new plan and that the world was going to come to an end. Today it is looking like neither will occur.

It does not look like the Republicans have the votes to pass Graham-Cassidy. Rand Paul quickly announced he will vote against it because it does not go far enough in taking away everyone’s health care coverage. Hopefully he remains as forceful in standing up to Donald Trump on issues where he has more sensible positions such as non-interventionism and civil liberties.

The real killer was when John McCain announced he would vote against this bill for the same reasons he voted against the previous Republican attempt to repeal Obamacare While his opposition is appreciated, before he is made out to be too much of a hero we must not forget that in 2008 he ran on a terrible health care plan which would have led to millions who had health care even before Obamacare losing their coverage.

Graham-Cassidy would lead to such terrible outcomes that other Republicans also remain undecided, making it very unlikely to pass. It becomes more difficult for Republicans to repeal Obamacare after the end of September, leading to pressure from conservative donors to make one more attempt.

Earlier in the week I posted two monologues from Jimmy Kimmel which did an excellent job in describing the failings of the Republican plan, including failure to guarantee coverage for pre-existing conditions and allowing insurance companies to reinstate lifetime caps. The Daily Beast has described how Kimmel did his homework. Faced with Republican attacks, Kimmel returned to healthcare a third night on Thursday. Video of round three below:

Comments from Kimmel included:

For Donald Trump, this isn’t about the Graham-Cassidy bill. It’s about Obamacare, which he hates, because Obama’s name is on it. He likes to have his name on things: buildings, vodka, you name it. At this point he would sign anything if it meant getting rid of Obamacare. He’d sign copies of the Quran at the Barnes and Noble in Fallujah if it meant he could get rid of Obamacare…I guarantee he doesn’t know anything about this Graham-Cassidy bill. He doesn’t know the difference between Medicare and Medicaid; he barely knows the difference between Melania and Ivanka.

As for the other prediction, David Meade has backed away from his earlier prediction and says that the world will not come to an end today:

David Meade, who claimed the world is ending Saturday when a mysterious planet collides with Earth, is now backtracking on the calamitous claim.

Meade said the world won’t end on Sept. 23 after all, but instead Saturday will only mark the beginning of a series of catastrophic events to occur over several weeks.

 “The world is not ending, but the world as we know it is ending,” he told the Washington Post. “A major part of the world will not be the same the beginning of October.”

Meade said his prediction is based on verses and numerical codes found in the Bible, specifically in the apocalyptic Book of Revelation. He said recent events, such as the solar eclipse and Hurricanes Irma and Harvey, are omens of the approaching apocalypse.

The significant number is 33, according to Meade.

Others made similar predictions about the beginning of a series of catastrophic events before November 8 and January 20, saying the significant number is 45.

After September It Will Be Even Harder For Republicans To Repeal Obamacare

Donald Trump has, fortunately, been able to accomplish very little as president. Obstacles have included his complete lack of understanding of how government works and widespread opposition to his plans. He has already had considerable difficulty keeping his campaign promise to repeal Obamacare. Should Senate Republicans try again, repealing the Affordable Care Act will become even harder as the ability to pass this with fifty-one as opposed to sixty votes ends September 30.

Bloomberg News reports:

The Senate parliamentarian told lawmakers that Republicans’ ability to pass an Obamacare replacement with just 51 votes expires at the end of this month, Senator Bernie Sanders said Friday.

The preliminary finding complicates any further efforts by Republican leaders in Congress to pass a comprehensive GOP-only replacement for the health-care law.

Sanders, a Vermont independent, in a statement called the determination a “major victory” for those who oppose repealing Obamacare.

Senate Republicans, who control the chamber 52-48, failed to win enough support for their Obamacare replacement in July as three GOP lawmakers joined Democrats to oppose the measure. Republican leaders haven’t ruled out reviving their effort, and some party members — including Lindsey Graham of South Carolina, Bill Cassidy of Louisiana and Ted Cruz of Texas — say they’re talking to colleagues about a possible broad-based bill.

Earlier guidance from Senate Parliamentarian Elizabeth MacDonough dogged Republicans in their Obamacare replacement effort throughout the summer. In late July, she issued a preliminary finding that key parts of a proposal drafted by Senate Majority Leader Mitch McConnell didn’t qualify for the fast-track procedure, dramatically complicating the already slimming prospects of passing a bill.

After the 2017 budget resolution which allows for the repeal of the Affordable Care Act expires at the end of September, both houses would need to pass a new budget resolution to enable repeal to pass with only fifty-one votes. It is considered unlikely that Congress would be able to deal with both health care and rewriting the tax code at the same time this fall, but we are also seeing a lot of things lately which we would have previously considered to be unlikely.

New York Magazine has more on this.

Meanwhile Democrats are attempting to take health care reform further with Bernie Sanders introducing legislation promoting a single payer plan, with Kamala Harris co-sponsoring the legislation. This has no chance of passing the Republican-controlled Congress. It is a favorable sign that a moderate Democrat such as Harris with presidential ambitions finds it more expedient to be on the side of a single-payer plan, in comparison to last year when Hillary Clinton vigorously opposed the idea.

Repeal And Replace Fails–Perhaps Congress Had The Wrong Target

The Republicans have failed to repeal and replace Obamacare, primarily because they never had a sensible replacement plan. It took three Republicans to block the final attempt, with John McCain casting the deciding vote. Now that he will not be on the ballot again, it was easiest for McCain to do this, allowing other Republicans who opposed the bill to cast a politically safer party-line vote. McCain might have also felt some satisfaction in thwarting Trump’s agenda after Trump’s past attacks on McCain, claiming McCain was not a war hero because he was captured.

Hopefully attempts at repealing Obamacare are dead–at least until a more liberal Congress has the votes to pass a single payer plan to replace it. Some are still claiming that they can propose a new bill which can achieve fifty-one votes, but any new efforts will have the same problems trying to please both wings of the party.

A more hopeful sign is a bipartisan group in the House which claims to be working together to improve Obamacare rather than repeal it. So far there has been no sign of bipartisan cooperation on health care, but there is a remote chance that matters have changed now that the Senate has been unable to pass any of its attempts at repeal. Sensible Republicans should realize that they will be held accountable for the success or failure of health care. Obamacare is the law of the land. Donald Trump and the Republican Congress now own it.

Maybe repeal and replace isn’t such a bad concept after all, except that Congress had the wrong target.

How about repealing the authorization to go to war and replacing our failed foreign policy? How about repealing the Patriot Act and replacing it with a policy which provides for needed security while respecting our Constitutional rights? How about repealing the drug war and replacing it with treatment where needed?

Of course this will never happen as there will be too much opposition from both parties. Can we just repeal and replace our current dysfunctional two-party duopoly?

Opposition Continues To Republican Health Care Plan

Little has changed on health care legislation. The Republican plan for replacing Obamacare continues to provide inadequate coverage. This includes reducing coverage for Medicaid and destabilizing the individual market, now with a provision written by Ted Cruz. As Ezra Klein wrote, The new Senate health bill is terrible for anyone who is sick, has been sick, or will be sick. This is especially true for those who do not receive coverage through an employer, or ever get sick enough that they cannot continue working to keep that coverage.

Fortunately the Republicans remain in a difficult position with regards to passing their plan. They can only afford to lose three Republican votes, and at this point two Republicans, Rand Paul and Susan Collins, say they will not vote for it. Several other Republicans are undecided. Mitch McConnell plans on holding a procedural vote on Tuesday to consider the measure, and there very well might not be enough votes to proceed.

There continues to be wide spread public opposition to the Republican plan, with multiple medical groups working to oppose the bill. This includes  the American Academy of Family Physicians, the American Academy of Pediatrics, the American Congress of Obstetricians and Gynecologists, the American College of Physicians, the American Osteopathic Association and the American Psychiatric Association. Putting further pressure on Republican Senators, the Cook Political Report also notes that 94 percent of ads have been opposed to the bill.

There has been some talk that the Republicans would work with the Democrats on a bill to shore up the exchanges should the Republican measure fail. It is doubtful that the Republicans would agree to the types of measures which would be best to cover those obtaining coverage on the individual market such as a public option or Medicare buy in. It is even more unlikely that the Republicans, or even enough Democrats, would back the most sensible solution–a single payer plan.