In order to get the speakership, Kevin McCarthy (R-CA) had to give away the store—that is, weaken the speakership to the point where it's probably not worth having (not that he is likely to have it for very long). Here are a list of the biggest concessions McCarthy had to give the MAGA 20 in order to get them to vote for him (or, at least, vote "present"). Note that these are tentative and could change as the power struggle between McCarthy and the MAGA 20 continues.
There may be more things McCarthy gave the MAGA 20, but these are the main ones that have come out so far. (V)
One of the concessions the MAGA 20 squeezed out of Kevin McCarthy is that the House Rules Committee would consist of three of its members, six other Republicans, and four Democrats, a hugely disproportionate number of MAGA Republicans given the distribution of House seats. What the Rules Committee does is definitely inside baseball, but it is very important. It manages the flow of bills before they hit the floor. The Committee can kill any bill its members dislike by not allowing a floor vote on it. Alternatively, if the Committee doesn't like a bill, it can tell the chair of the committee that sent it to kindly "fix" it, something that committee chair may not take kindly to. The Committee also determines which amendments can be proposed for each bill on the floor, as normal order includes a limit on the total number of amendments that can be brought up for consideration.
Normally, the speaker loads the committee with enough loyal friends to make a majority. That won't be the case this time. Any time the three MAGA 20 members and four Democrats want to kill a bill or have it rewritten, they have the votes for that. So McCarthy has already lost control of what is probably the most important committee in the House.
One of the things the Rules Committee may try to do is restore the "regular order." This is what you learned in high school civics class about "how a bill becomes a law." Some member introduces a bill, it is debated at length in the appropriate committee, a vote is taken, if passed, it goes to the floor where amendments can be offered and debated, and then a final vote is taken. If it passes, it goes to the other chamber, which usually makes changes. That results in a conference committee that irons out the differences by making compromises. It doesn't work like that anymore. If one party has the trifecta, the two majority leaders concoct bills in secret and then ram them through. If Congress is divided, it lurches from one hostage crisis to the next. The MAGA 20 may start out trying to restore the regular order, but once its members see how much power they have, they may lose interest in introducing democracy into the House.
One of the most important functions the Rules Committee has performed for previous speakers is keeping toxic bills from the floor so members would not have to take tough votes on them that could be used in future campaign ads against them. For example, in past sessions, bills were introduced to create "Medicare for all." Democrats in swing districts absolutely did not want any on-the-record votes on that since such a vote was guaranteed to anger either moderates or progressives. Much better for the Rules Committee to send it back from whence it came with a Post-It note saying: "Please remove the Medicare for all parts of this bill." Or to just put it in the paper shredder directly.
A bill to abolish Social Security or Medicare is not something many Republicans would want to take a recorded vote on. Nor would a bill to abolish the IRS. But the MAGA 20 and Democrats might well be willing, even eager, to have a floor vote on abolishing, say, Medicare. For Democrats, this is an easy vote. Every Democrat would vote "No" and make campaign ads about the vote ("I protected Medicare! Vote for me!"). But for some Republicans it puts them in a real bind; a "Yes" vote could doom them in the general election in districts with many senior citizens, while a "No" vote could be fatal in a primary. Much better to have the Rules Committee make sure no vote is taken. But now McCarthy has lost control of it.
One source told Politico: "Members can no longer be protected from politically toxic conservative wish lists." The MAGA 20 members and the Democrats may find common ground forcing ordinary Republicans to make up-to-down votes on bills they really don't want to vote on. This confluence of interest is because MAGA 20 Republicans regard squishy Republicans as being as bad as Democrats, and they are rarely in the mood to protect them. When sane Republicans look to McCarthy to protect them from votes they don't want to take, he will be powerless. As a consequence, his days as speaker may already be numbered. At 2 a.m. just after McCarthy won election on the 15th ballot, a CNN reporter asked Rep. Dave Joyce (R-OH) how long it would for conservatives to make a motion to vacate the chair. he said: "Tomorrow?" He meant it as a joke. Maybe it will be more of a prophesy.
And on that note, and as a reminder, we have put up a poll if readers care to give their best guess as to how many days into his tenure it will take before McCarthy is subject to a motion to vacate (choose 725 if you think he'll dodge that bullet completely). And if you have comments on why you chose the number you did, send 'em in. Results on Friday. (V)
House Republicans finally elected a speaker. Now what? OK, writing and adopting the rules comes next and then assigning members to committees and picking chairs. But then what? Passing laws is pointless because any law that could make it through the Republican-controlled House will not make it through the Senate. Nevertheless, the House may pass some bills for show, like one banning abortion nationwide starting 60 minutes prior to conception or one forbidding the teaching of critical race theory in pre-schools. These are simply to show the folks back home, with no intention of even reaching Joe Biden's desk, let alone getting him to sign them.
So will the House members just go home and start their 2024 campaigns? Not quite yet. Here are a few of the activities House Republicans are going to focus on in lieu of passing laws.
The items about laws that must pass (budgets and the debt limit) will get plenty of attention. The others will get plenty of attention on Fox but elsewhere much less unless there is some actual news there. The upcoming session of the House will probably be one of the least productive ever. The Senate will probably also have some investigations, as we pointed out last week, and they could conceivably even overshadow the House ones. (V)
Donald Trump used to refer to Kevin McCarthy as "My Kevin," as though he were referring to a dog. Which, to be honest, is not far from the truth. Now, "His Kevin" won, even though it was very close on the 15th ballot, with McCarthy getting 216 votes, Rep. Hakeem Jeffries (D-NY) getting 212, six members voting "present" and one person who was elected to the House not voting because he is dead. A landslide it was not. Yet apparently Trump is proud of his Kevin, as indicated by a post to his boutique social media site in which he wrote: "Thank you. I did our Country a big favor."
What he apparently meant is that he placed calls to Reps. Matt Gaetz (R-FL) and Andy Biggs (R-AZ) after the 14th failed vote to try to get them on board. A widely circulated photo shows Rep. Marjorie Taylor Greene (R-GA) trying to pass her cell phone to Rep. Matt Rosendale (R-MT) during the voting:
A close-up of the photo shows she was in a call with "DT" (Donald Trump) at the time and Trump wanted to talk to Rosendale, one of the MAGA 20.
If Trump really had so much influence, one could ask why getting his Kevin over the hump took 4 days and 15 ballots and he made it by only four votes. But we're not going to ask that. (V)
A toxic mixture of television, the Internet, social media, political polarization, gerrymandering, and campaign financing have changed politics and enabled extremist politicians, mostly on the right. There are also some on the left, such as the Squad, but they are not nearly as extreme or as aggressive as those on the right. Summarized very briefly, AOC is no MTG.
These factors have come together in such a way that many aspiring politicians are almost free agents, with the party label, machinery and money being largely irrelevant to them. This is how some of these factors enable fringe politicians:
All this leads to political fragmentation with dozens of free agents working in temporary coalitions depending on the issue of the moment. In Europe, the same process is taking place, albeit with local characteristics. In the most recent elections for the Dutch parliament, 37 parties filed to run and 16 of them won at least one seat. If a leader threatens a member, the member can say: "If you do that, I'll start my own party and run against you." (V)
With all the talk about immigration and the border crisis, Joe Biden should have gone down south for the required photo-op much earlier. But yesterday he finally made the trip for the first time. He went to El Paso, where he was greeted by Gov. Greg Abbott (R-TX). Abbott immediately handed him a letter that said the border crisis was a direct result of Biden's failure to enforce federal immigration laws. On the other hand, the President was instantly criticized by members of the House Hispanic Caucus for pandering to MAGA voters. This is not Biden's first rodeo, and he knew he'd take withering fire from all sides, which is probably why he waited so long to make a visit to the border.
The nominal purpose of the trip was to talk to local officials and community leaders for managing the migration challenges caused by political oppression and gang violence in many parts of Latin America. Biden chose El Paso because that is where the most illegal immigration is at the moment. He also chose this moment because he knows the House will soon begin investigating immigration and didn't want to allow the Republicans to say: "Biden hasn't even been to the border." Now, with a high-profile visit just before they start, all they can say is: "Why did it take so long?" Actually, he answered the question himself yesterday by saying it was up to Congress to update the immigration laws and provide sufficient funding to enforce the laws. Take that, House Republicans!
Biden knows a hot potato when he sees it. As veep for 8 years, he traveled all over the world because then-president Obama wanted to focus on domestic issues. So he sent the former chairman of the Senate Foreign Relations Committee hither and yon to avoid having to go himself. But in all this worldwide travels for many years, the only time Biden went to the Mexican border was a campaign stop in El Paso in 2008. Now the issue of immigration has become so critical that he will have to deal with it. Most likely, he will blame Congress for not updating immigration laws and House Republicans will blame him for not enforcing current laws. Then nothing will happen, as usual. Mission accomplished. (V)
Will wonders never cease? The South Carolina Supreme Court has ruled that the right to privacy guaranteed by the state Constitution means that the state's new law banning abortions after 6 weeks is unconstitutional. With the new law scrapped, the old law, which allows abortions up to 20 weeks, takes effect starting immediately. Understanding why a 6-week ban is an invasion of a woman's privacy but a 20-week ban is not an invasion of a woman's privacy, is something that you have to go to law school and spend years on the bench to understand. It's not for laymen or laywomen to fathom.
The relevant portion of the state Constitution states that the people have the right:
...to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated.
Chief Justice Donald Beatty wrote: "This fundamental, constitutional mandate transcends politics and opinion." Rep. John McCravy (R) didn't like that. He said: "It's certainly disappointing. It infringes on the legislature's job of making the laws." He has a point there. Constitutions often tell legislatures what laws they can and cannot pass. For example, the South Carolina legislature cannot pass a law bringing slavery back, even if a two-thirds majority want to do so.
Meanwhile, the legislature is working on a new bill that will ban abortions starting at the moment of conception. A similar ban came up last summer and was passed by the state House and killed in the state Senate. And that was before the state Supreme Court ruling. It seems unlikely that a bill even stricter than the one the Court threw out would have much chance.
The South Carolina Supreme Court is the first one to rule since Dobbs on whether anti-abortion laws violate the state Constitution. However, other states have similar provisions in their Constitutions. Similar challenges to anti-abortion laws are now pending in Arizona, Georgia, Kentucky, Indiana, Iowa, North Dakota, Ohio, Utah, Wisconsin and Wyoming."
One thing the state legislators could do is change their constitutions to state that the right to privacy does not preclude the legislature passing laws regulating abortion. Then it would go, in most cases, to a vote of the people. Just like in Kansas last summer. Only that didn't work out so well for the anti-abortion forces. (V)
When Jen Kiggans (R) was elected to the U.S. House, she left behind an empty seat in SD-07 of the Virginia state Senate. A special election will be held tomorrow to fill it. The state Senate is currently 21D, 18R, with one vacancy. No matter who wins tomorrow's special election, Democrats will still hold the majority, but a two-seat majority would be a lot more effective at blocking Gov. Glenn Youngkin (R-VA) than a one-seat majority. Since Youngkin is often mentioned as a potential presidential candidate, his track record in getting things done could be something his opponents talk about. If the Virginia Democrats can pick up the seat and block everything the governor wants, that will certainly crimp his style.
The district includes parts of Norfolk and Virginia Beach. The candidates are Aaron Rouse (D) and Kevin Adams (R). Both are Black. The district is a swing district and could go either way. Both parties have won it in the past.
Although the recent, er, activities, in the U.S. House are not specifically relevant to the Virginia state Senate, Virginia is close enough to D.C. that most voters are probably aware of what went on there. It is at least possible that some swing voters came away thinking that Republicans don't actually want to govern, and that could affect their vote tomorrow. We don't know if there will be any exit polls. We certainly hope so, because if anything is a test of whether the circus in the House affects voters, it is surely a special election in Virginia 4 days after the House finally elected a speaker. (V)
Sen. Josh Hawley (R-MO) is right up there with Sen. Ted Cruz (R-TX) in believing that the main job of a senator is to grandstand, feed red meat to the base, and own the libs. Passing laws is for losers. Whether the voters of Missouri agree will be tested in 2024, as Hawley is up for a second term.
Missouri has become a fairly red state but Hawley is so over the top that he could go the way of Blake Masters, Tudor Dixon, Doug Mastriano, and some other extreme Republicans. But of course, you can't beat someone with no one. In 2022, there was an open seat and Marine veteran Lucas Kunce ran for the Democratic Senate nomination against beer heiress Trudy Busch Valentine. Valentine won the primary but lost the general election. We don't know yet if Valentine will try again, but Kunce has already announced that he is running again.
Here is Kunce's announcement. It is very hard hitting and contrasts Hawley's wealthy upbringing (elite prep school, Stanford, then Yale Law School) with Kunce's simple family background followed by service in Marine Corps. In the end he calls Hawley a coward and a fraud. Take a look:
On January 6, 2021, Josh Hawley showed us he's a fraud and a coward.
— Lucas Kunce (@LucasKunceMO) January 6, 2023
Missourians deserve a U.S. Senator who's willing to stand and fight. That's why I've decided to take him on. pic.twitter.com/VbN1SuqPFU
If this is the start, it is going to be a very nasty campaign. Although Valentine lost in 2022, Kunce will run a very different kind of campaign than she did. As a millionaire heiress, she couldn't very well attack Hawley as an out-of-touch elite. That is going to be the core of Kunce's campaign.
It is not clear how Hawley will respond if Kunce gets the nomination this time. Personally attacking a Marine Corps veteran who came from hardscrabble background probably won't work given his own privileged upbringing (his father was a wealthy banker). So Hawley may just campaign on "Democrats are socialists" and leave it at that. It could work, but if Kunce really turns up the heat on Hawley (again, assuming he gets the nomination this time), it could get very nasty. Note also that many Americans are aware that if there's any organization that's not exactly brimming with socialists and communists, it's the U.S. Marine Corps. The flags may be red, but the troops aren't. (V)
Consider the following scenario:
We assume this sounds very familiar. After all, it happened in Brazil just yesterday. Their system is a little different from the one in the U.S.; there's no counting of electoral votes to be interrupted, and new president Luiz Inácio Lula da Silva has already assumed office. Oh, and the Brazilians have no problem arresting politicians suspected of criminal behavior, former president or no, so alleged-inciter-of-insurrection Jair Bolsonaro is apparently out of the country, and is reportedly visiting Florida, where a politician like him should be right at home. Anyhow, some of the details are different, but the broad outlines are eerily familiar.
This helps explain why so many non-Americans follow this site in particular, and U.S. politics in general—folks well beyond the United States' borders often take their cues from the Americans, for better or worse. And you would have to look pretty long and hard to find two leaders more similar than Jair and the Hair. Sen. Bob Menendez (D-NJ), among others, observed as much yesterday, tweeting: "Two years since Jan. 6, Trump's legacy continues to poison our hemisphere." We will see if Bolsonaro has the colhoes to return to Brazil, or if he takes up permanent residence in the Democratic People's Republic of Florida. (Z)